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.
A contract to furnish support is broken by the failure to furnish such support,1 or by treating the party who is to receive such support, with such harshness that he is unwilling to remain at the house of the adversary party to receive such support.2 It has been held that it is broken by refusal to furnish support at any reasonable place selected by the obligee.3 A contract to care for one "in her old days" is broken by caring for her for five years and rendering no services for the next sixteen years.4 A contract to care for a certain child as for one of his own children, is broken by placing her when insane in the county asylum among common paupers.5 A contract to support one's parent requires kind treatment as well as the necessaries of life.6 A contract by A, whereby he engages accommodations at B's hotel for C, is broken by C's failure to accept and to pay for such accommodations.7 A contract to furnish water and to construct a reservoir, is broken by failure to construct such reservoir,8 and by furnishing water which is polluted by sewage.9 A contract between a city and a water company, which is not exclusive by its terms, is not broken by the act of the city in constructing its own water plant.10 A contract for the construction of a passenger elevator, by which the owner agrees to obtain a water pressure of eighty pounds to the square inch, is not broken where such pressure is furnished but where the city refuses to permit the owner to make use of city water because the elevator is so constructed that on stopping it there is a variance in pressure in excess of five pounds to the square inch.11 The bond of a public warehouseman is not broken until the storage receipt is presented and delivery is refused;12 and, accordingly, a surety on the bond of such warehouseman when articles were stored, is not liable for the refusal of the warehouseman to deliver several years later after different renewal bonds have been given.13 A covenant in a bond, requiring the debtor to pay interest without deduction for any taxes which it may be required to pay or retain by law, is said not to be broken by the refusal of the corporation to pay the federal income tax which the corporation is required to withhold at its source, since such income tax is not levied upon the bonds or upon the interest as such.14 A contract by which A agrees to become surety for X to B, up to a certain amount and no more, and which provides that B shall not give credit to X in excess of such amount, is broken by B's giving credit in excess of the amount provided for by the contract.15 If a municipal corporation has agreed to apply its judgment fund to the payment of certain specific judgments in order of their entry, the city can not take advantage of the fact that the judgment creditor subsequently permitted such judgment to become dormant in reliance upon such promise.16
10 Riley v. Allen, 54 N. J. Eq. 405.
11 Riley v. Allen, 54 N. J. Eq. 495.
1 Ptacek v. Pisa, 231 111. 522, 14 L. R. A. (N.S.) 537, 83 N. E. 221; Bruer v. Bruer, 109 Minn. 200, 28 L. R. A. (N.S.) 408, 123 N. W. 813; Payette v. Ferrier, 20 Wash. 479, 55 Pac. 629; Knutson v. Bostrak, 99 Wis. 469, 75 N. W. 156.
2 Tysor v. Adams, 116 Va. 239, 51 L. R. A. (N.S.) 1197, 81 S. E. 76.
3 Tuttle v. Burgett, 53 O. S 498, 53 Am. St. Rep. 649, 30 L. R. A. 214, 42 N. E. 427. '
4 Teats v. Flanders, 118 Mo. 660, 24 S. W. 126.
5 Vancleave v. Clark, 118 Ind. 61, 3 L. R. A. 519, 20 N. E. 527.
6 Lathrop v. Mayer, 86 Mo. App. 355. 7 Danenhower v. Hnyes, 35 D. C. App.
65, 33 L. R. A. (N.S.) 698.
8 Columbus v. Mercantile Trust Co., 218 U. S. 645, 54 L. ed. 1193.
9 Columbus v. Mercantile Trust Co., 218 U. S. 645, 54 L. ed. 1193.
10 Helena Water Works Co. v. Helena, 195 U. S. 383, 49 L. ed. 245.