Audette v. L'Union St. Joseph
Supreme Judicial Court of Massachusetts
59 N.E. 668 (1901)
Relevant factsFree
Malvina Audette, administratrix of her late husband Louis's estate (plaintiff), sued L'Union St. Joseph (L'Union) (defendant) for sick benefits under a bylaw requiring a sworn physician's certificate before payment. The intestate's physician refused, on religious grounds, to swear the required oath. The trial court ruled for L'Union, and Audette appealed.
IssueFree
Whether a third party's refusal to perform an act on which a contractual obligation is conditioned excuses the necessity of that act.