Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1913-08-02

the exact QQntity a&nd Qa2ohGy 6pocl-
fled 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 10 inclined to allow
substantial compliance with the
terms Of q contract ~ amounting to
performance. When q matter involv-
ing many details Is generally COM
pleted as specified. yet fails in de-
tails Of minor Importance, the law.
regards this as substantial perform
ance and requires that the other,
party fulfill his part, though an al
iowance is made him to cover the
items In which the work was not as
specified Thus, II a house is being
built for you under contract, and is
completed in accordance with the con-
tract in all the larger details, hut va,
ries in few lesser places, you can
not refuse altogether to accept the
house, in case he sues you on the con-
ract, but an allowance will be made
amply sufficient to cover the cost Of
making the defective parts conform
TO the specifications.
Whit Is knowan as impossibility Of
performance Is stated as one of the
legal excuses for failure to perform
a contract. This Is very likely to
confuse the average person. as most
Of the things which we would view
as "impossibilities" are not such
impossibiMties'' az will, in law. ex-
cuse the failure to fulfill a 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 unforeseen difficulty, no
matter how severe, will not excuse
failure to perform according to the
terms OF the agreeln ent. II man
agrees to paint yCu. house In two
days, 1t Is nc excuse that he finds
1t impossible to finish tho house In
two days, no matter how hard he
works. Neither is 1t an excuse that
his materials are stolen or destroyed
and so he cannot proceed. Nor is
it an excuse that his workmen strike,
unless that Is provided against in the
contract. But if the house should
be burned, that would amount to q
destruction OF the subject matter Of
the contract, which is such an i'm
possibility as win furnish legal ex-
cuse for failure to perform.
II one contracts to furnish his own
services mot to do some
hing that anyone may do) and dies,
,r is seriously injured or falls Ill, no
iamages for failure to perform his
contract may be recovered against
lis estate, or against him, since this
8 such an impossibility as furnishes
egal excuse.
When one has completed his side
II the contract, and not until then,
nay he bring legal action to force
he other party to do his part. An
Exception to this is where the other
'arty has definitely broken the con-
ract in advance by word or action,
8 by definite statement that he
I'd not intend to fulfill the contract.
/ person who has contracted to de-
Iver goods must have the goods
pecified at the time and place re-
uired. Then II the other party re-
uses to accept them q breach has
which gives to him . legal |
light Of action. II the agreement IL
. sell for cash he need only tender
and II the other party has
OF the cash to fulfill his part Of the |
there has been breach
I the contract. I|