Javierre v. Central Altagracia

Citations

• 217 U.S. 502
• 30 S. Ct. 598
• 54 L. Ed. 859
• 1910 U.S. LEXIS 1978

Syllabus

<p>Where a proviso carves an exception, dependent on a- condition, subsequent, out of the body of'a statute or contract, the party setting up the exception must prove, and has the burden, .that the condition subsequent has actually come to pass.</p> <p>A contract for delivery for a term of years, of sugar, terminable meanwhile only in case a specified new Central was built, could not, in this . case,.be terminated unless the particular Central contemplated' was built; it was not enough that a Central called by the-same name had been built. .</p> <p>Damages in a \suit at law for failure to comply with the terms of a con- ■ tract for delivery of crops is an adequate remedy and specific per- \ formance and: an injunction againsi delivery to others should have been refused in.'this case.</p>