River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1913-12-18
accounting for tastes.

1t is a general rule that con-
tract must be performed literally.
Neither party can claim to have
performed the contract until he has
done just exactly what the contract
requires in all of its terms. The
work or material to be furnished,
or the money to be paid, must be
supplied in the exact quantity and
quality specified at the place and
time specified.
Yet this rule, like all others, has
exceptions, one of which we have
noticed above. In certain classes
of cases the law is inclined to allow
substantial compliance with the
terms Of contract as amounting to
performance. When a matter in
volving many details is generally
completed as specified, yet fails in
details of minor Importance, the
law regards this as substantial per
Torrance and requires that the
other party fulfill his part, though
an allowance is made him to cover
the items in which the work was
not as specified. Thus, if a house
is being built for you under con-
tract, and is completed in accord
ance with the contract in all the
larger details, but varies in few
lesser places you cannot refuse
altogether to accept the house, IN
case he sues you on the contract,
but an allowance will be made
amply sufficient to cover the cost
of making the defective parts con
form to the specifications.
What is known as impossib ility
of performance is stated as one of
the legal excuses for failure to per-
form a contract. This is very likely
to confuse the average person, as
most of the things which we would
view as "impossiblities" are not
such "impossibilities" as will, in
law, excuse the failure to fulfill
contract. The impossibility which
will put an end to contract must
be of sort that the parties can be
deemed to have contemplated as an
adequate excuse, should it chance
to occur. Hardship or"unforseen
difficulty, no matter how severe,
will not excuse failure to perform
according to the terms of the agree
ment. If man agrees to paint
your house in two days, it is no
excuse that he finds it impossible
to finish the house in two days, no
matter how how hard he works,
Neither is it an excuse that his
materials are stolen or destroyed
and so he cannot proceed. Nor is
it an excuse that his workmer
strike, unless that is provided
against in the contract. But if the
house should be burned, that
would amount 70 a destruction Of
the subject matter of the contract,
which is such an impossibility as
will furnish legal excuse for failure
to perform.
If one contracts to furnish his
own personal services (not to do
something that anyone may do
and dies, or is seriously injured or
falls i'll, no damages for failure to
perform his contract may be recoY-
cred against his estate, or against
him, since this is such an impos-
sibility as will furnish legal excuse.
When one has completed his side
of the contract, and not until then,
may he bring legal action to force
the other party to do his part. An
exception to this is where the other
party has definitely broken the con-
tract in advance by word or action,
as by definite statement that he
did not intend to fulfill the contract.
A person who has contracted to
deliver goods must have the goods
specified at the time and place
required. Then if the other party
refuses to accept them breach has
occurred which gives him a legal
right of action. If the agreement
is to sell for cash he need only ten
der delivery, and if the other party
has not the cash to fulfill his part
of the agreement there has been
breech of the contract.
Copyright, 1918, by Walter K. Towers)
TOBACCO KARIT STUDENT