[Download] "Humaston v. Telegraph Company" by United States Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Humaston v. Telegraph Company
- Author : United States Supreme Court
- Release Date : January 01, 1873
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Messrs. Truman Smith and Cephas Brainard, for the plaintiff in error, argued the case much at length, and showed, as they conceived, that it was well established both in England and this country, that a stipulation in a contract for a reference of any matter of difference likely or certain to arise thereunder, might be connected with the principal undertaking in such a manner as to make it a condition, and that as such it might essentially qualify or affect the rights of one party, or the obligations of the other; that if it were a condition precedent and was not performed, the obligation would be null; and if it were a condition subsequent and not performed (which the counsel alleged was the case here), then that the condition became null and the obligation absolute. If the party bound by a condition precedent did not submit, or offer to submit, or having submitted, revoked, his right of action was gone; and if a party bound by a condition subsequent refused to submit, or having submitted, revoked, then the qualification of his liability was gone, and that liability became absolute. The learned counsel referred to twenty-nine different cases, English and American, beginning with Vynior's Case, reported by Sir Edward Coke,1 which sustained, as they conceived, their views.