Gray v. Gardner
Supreme Judicial Court of Massachusetts
17 Mass. 188 (1821)
Relevant factsFree
The defendants' duty to pay for oil was conditioned on no more oil arriving in a set period than had arrived the prior year; by the contractual deadline of October 1, 1819, the amount that had arrived fell just short of the prior year's total, with the outcome hinging entirely on whether a specific ship, visible approaching the harbor but not yet anchored until after midnight, counted as having "arrived" in time. The trial court found for the plaintiff-seller, and the defendants appealed.
IssueFree
Whether a party who makes a promise subject to a certain condition bears the burden of proving that the condition occurred.