Clark v. West
Court of Appeals of New York
86 N.E. 1 (1908)
Relevant factsFree
West (defendant) agreed to pay Clark (plaintiff) $2 per page to write law books, or $6 per page if Clark completely abstained from alcohol while writing. Clark did not fully abstain but claimed his drinking never interfered with his work, and further claimed West waived the abstinence condition by continuing to accept his work despite knowing about the drinking. After a dispute, West demurred to Clark's complaint seeking the higher rate, arguing Clark hadn't pleaded facts sufficient to show waiver.
IssueFree
Whether waiver of a condition precedent prevents forfeiture of a contract in the event the contract is not strictly performed.