Shear v. Wright
Michigan Supreme Court
Error to Wayne. (Chambers, J.) Assumpsit. Plaintiff brings error. The facts are stated in the opinion. It is onl/y where the law imposes a duty, or an obligation upon a party, that he is relieved from such duty or obligation by the act of God; but where a party, by Ms own contract, engages to do an act, the performance is not excused by an inevitable accident, or other contingency, not within the control of the party making the contract.
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Error to Wayne. (Chambers, J.) Assumpsit. Plaintiff brings error. The facts are stated in the opinion. It is onl/y where the law imposes a duty, or an obligation upon a party, that he is relieved from such duty or obligation by the act of God; but where a party, by Ms own contract, engages to do an act, the performance is not excused by an inevitable accident, or other contingency, not within the control of the party making the contract. The performance of the specified service was neither utterly or naturally impossible, but on the contrary was both naturally and practically possible, at the…
1Opinion of the Court
Campbell, O. J.
Plaintiff sues for a balance alleged to-be due on the price of a bull-calf sold to defendant in October, 1882. The price agreed upon is alleged by plaintiff to-have been fifteen dollars, and by defendant to have been ten dollars. Six dollars is admitted to have been paid, five at first, and one dollar in subsequent dealings. Pour dollars-according to defendant, and nine dollars according to plaintiff, remained unpaid. This sum of four dollars, as both agree, was to be paid by services for breeding purposes of a certain bull then mentioned and owned by defendant, or, at…
2Cited by10 opinions
- Dolan v. . RodgersNew York Court of Appeals · 1896
- Johnston v. MillerMichigan Supreme Court · 1950
- Kinzer Construction Co. v. StateNew York Court of Claims · 1910
- Parrish v. Stratton Cripple Creek Mining & Development Co.Court of Appeals for the Tenth Circuit · 1940
- Bruce v. Indianapolis Gas Co.Indiana Court of Appeals · 1910
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