This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
The party who makes performance impossible can not recover damages from the adversary party for not performing.1 No recovery for damages can be had for delay in delivering a chattel sold if the delay is due to the fault of the vendee.2 If A has agreed to sell certain articles to B to be placed in sacks which B is to furnish, B's failure to furnish sacks operates as a discharge of A's covenant, and B can not recover damages for A's failure to perform.3 A agreed to deliver hay to the United States, and it was an implied term of the contract that he was to cut the hay in the Yellowstone Valley, where the only available grass was growing. The United States then had this grass cut by others. This was held to discharge A from liability from furnishing hay.4 A agreed to construct a boat for B. Two months before time at which such boat was to be completed A became insolvent, made a general assignment for the benefit of creditors, and B took possession of the boat. This was held to discharge A from liability for not completing the boat within the time specified.5 If A has agreed to use seed furnished by B for raising seed of a certain quality which he is to deliver to B, B's act in furnishing improper seed prevents him from making use of the fact that the seed which A had raised was below the standard fixed by the contract, as a defense.6 A provision in a contract for the use of films for moving pictures, to the effect that the lessee is liable for films destroyed while in his possession, is discharged by the act of the lessor in sending a film in so defective a condition that the use of such film, even though proper, will result in its destruction.7 If A and B have entered into a contract by which A is to operate a coal mine and B is to provide supplies to enable A to perform, B's failure to furnish such supplies is a breach on his part which, excuses A for failure to perform the contract on his part.8 If A has entered into a contract with B to cut logs on B's land and to deliver them to B, B's act in refusing to permit A to cut logs until he has hauled those which have been cut discharges A from liability for failure to perform his contract in time, at least if it was possible for A to have performed the contract when B required him to discontinue performance.9 Under a contract by which A agrees to furnish a certain amount of timber per annum for transportation, and B agrees to furnish cars, A is discharged from liability for failure to furnish the requisite amount of timber if such failure is due to B's failure to furnish the requisite number of cars.10 If the owner of a house interferes with the performance by the contractor of a contract for moving it, the contractor is not liable for damages thus caused.11 If a contractor has agreed to furnish certain material to a subcontractor and he fails to do so, he can not recover damages from the subcontractor for refusing to continue performance.12 No deduction can be made from the contract price of a building for defects due to the action of the architect employed by the owner.13 Under a contract to pay to a broker a commission for effecting a sale, the broker can not recover his commission if he has advised the purchaser that the title is bad when in fact the defect could readily have been corrected.14 An agreement to pay A, who was acting as superintendent of a department of a corporation, an additional salary-for the last term of his services if his contract is not renewed is discharged when such corporation sells its business to another corporation, in which sale A takes an active part.15 Under a contract to furnish support at the obligor's home, no recovery can be had if the obligee leaves without good cause and without demanding support elsewhere.16 On the other hand, if the obligor breaks up housekeeping and goes to live with a relative and can not furnish a home, breach exists, even if the obligee is asked to remain until the crops are removed.17
6 Miser Gold Mining & Milling Co. v. Moody, 37 Colo 310. 86 Pac. 335
7 Wood v Leeka, 262 111. 607, 104 N. E. 1048; Soper v. Cisco, 85 N. J. Eq. 165, 95 Atl. 1016.
8 Soper v. Cisco, 85 N. J. Eq. 165, 95 All 1016
9 Wood v. Leeka, 262 111. 607, 104 N. E 1048.
1 United States. United States v. Peck, 102 U. S. 64, 26 L ed. 46; Chicago, Milwaukee & St. Paul Ry. v. Hoyt, 140 U. S. 1, 37 L. ed. 625; District of Columbia v Camden Iron Works, 181 U. S. 453, 45 L. ed. 948; Campfield v. Sauer, 189 Fed. 576, 38 L. R. A. (NS.) 837.
California. Antonelle v. Kennedy & Shaw Lumber Co., 140 Cal. 309, 73 Pac. 966
Georgia. Day v. Jeffords, 192 Ga. 714, 29 S. E. 591.
Kentucky. Seventh St. Planing Mill Co v. Schaefer (Ky.), 99 S. W. 341, 30 Ky. L. Rep. 623.
Montana. Butte Land & Investment Co v Williams, 55 Mont. 39, 1 A. L. R. 1634, 173 Pac. 550.
New York. Mosler Safe Co. v. Maiden Lane Safe Deposit Co., 199 N. Y. 479, 37 L. R. A. (NS.) 363, 93 N. E 81.
Pennsylvania. Kress House Moving Co. v. George Hogg Co., 263 Pa. St. 191, 106 Atl. 351.
2 District of Columbia v. Camden Iron Works, 181 U. S. 453, 45 L. ed. 948 [affirming, 15 D. C. App. 198]; Indianapolis Northern Traction Co. v. Bren-nan, 174 Ind. 1, 30 L. R. A. (N.S.) 85, 87 N. E 215, 90 N. E. 65, 01 N. E. 503; Maher v. Lumber Co., 86 Wis. 530, 57 N W. 357.
3 William B. Hughes Produce Co. v. Pulley, 47 Utah 544, L. R A. 1916D, 728. 155 Pac. 337.
4 United States v. Peck, 102 U. S. 64, 26 L. ed. 46.
5Vandegrift v. Engineering Co., 161 N. Y. 435, 48 L. R. A. 685, 55 N. E. 941
6 Burrell v. Masters, - Colo. - , 176 Pac. 316.
7 Famous Players Film Co. v. Salomon, - N. H. - , 106 Atl. 282.
8 Degnan v. Nowlin, 5 Ind. Terr. 312, 82 S. W. 758.
9 Morgan v. Tucker, 78 Vt. 56, 61 Atl. 863.
10 Gates v. Detroit & Mackinac Ry. Co., 147 Mich. 523, 111 N. W. 101.
11 Kress House Moving Co. v. George Hogg Co., 263 Pa. St. 191, 106 AtL 351.
12 Seventh St. Planing Mill Co. v. Schaefer (Ky.), 99 S. W. 341, 30 Ky. L. Rep. 623.