Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 57

Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 57

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...disclosed, it becomes necessary to consider whether his claim under the forfeiture clause is well founded. The obvious purpose of that clause was, not to enforce performance of the whole contract, the cutting of all the timber on the land; but to compel prompt payment for so much timber as should be cut, so as to prevent the accumulation of a large indebtedness and the felling of large quantities of timber without payment. What other purpose could it have had? The plain intent was to confer upon the vendor the power to stop all further work under the contract and put an end to it in case the vendee should fail to make prompt payment. It was not anticipated that there should be a heavy forfeiture at any time. Had the obligations of the contract been fully observed and discharged, there could have been little or nothing lost except one month's work and outlay and the five hundred dollars deposit, which was probably about the amount of contemplated damages in such case. Such being the nature and obvious purpose of the forfeiture clause, our conclusion is that the record as it stands, shows a prima facie case of waiver of forfeiture for failure to measure and pay for the timber each month as it was cut. Mitchell stood by and allowed this large expenditure in the cutting and hauling of the timber and construction of skids and tramways with the attendant accumulation of indebtedness to merchants, employes and sub-contractors, without demanding any measurement or payment for the timber cut, relying no doubt, for his protection, upon the provision which inhibited removal of the timber until paid for. He permitted the very thing to be done which the forfeiture clause was intended to prevent. To permit him now to assert a forfeiture and more

Product details

  • Paperback | 284 pages
  • 189 x 246 x 15mm | 513g
  • United States
  • English
  • black & white illustrations
  • 1236783263
  • 9781236783264