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Contracts Keyed to Ayres
Clark v. West
Citation:
193 N.Y. 349.Facts
The parties entered into a contract under which the the plaintiff was to write a series of law books. The plaintiff was to be paid $2 a page. The contract contained a clause stating that the plaintiff agreed to totally abstain from liquor during the contract. Payment to the plaintiff in excess of $2 a year was dependent on this condition and other conditions. The agreement stated that if the plaintiff fulfilled all the conditions he would paid an additional $4 per page. The plaintiff did not totally abstain from use of liquor during the contract. The plaintiff alleged his completion the books and that the defendant had taken out a copyright on one of his books and had failed to pay him.
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