Clark v. . West

86 N.E. 1 · New York Court of Appeals · 1908

Facts

Plaintiff contracted to write books for defendant, agreeing to total abstinence from alcohol for $6/page, or $2/page otherwise. Plaintiff breached the abstinence condition but claimed defendant waived it by accepting the work and promising full payment despite knowing of the breach. Defendant argued the abstinence was consideration, not a waivable condition.

Issue

Can a contractual condition precedent, like total abstinence from alcohol, be waived by a party's express representations and acceptance of performance, entitling the breaching party to full compensation?

Holding

Yes, the court held that the abstinence stipulation was a waivable condition precedent, not consideration, and if the defendant expressly waived it, the plaintiff is entitled to the full contract price.

Rule

A waiver is the intentional relinquishment of a known right, requiring no new consideration, and can apply to conditions precedent in a contract to prevent forfeiture.

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Case brief last reviewed 2026-05-10. Prepared by CaseReader from the published opinion.