Wilmington Transportation Co. v. O'Neil

Citations

• 98 Cal. 1
• 32 P. 705
• 1893 Cal. LEXIS 850

Syllabus

<p>Contract—Hiring of Lighter—Agreement to Pay fob Loss—Inevitable Accident—Pleading—Immaterial Defense.—Where the hirer of a lighter agreed with the owner that if the lighter should he lost or damaged during the term of hiring, to the extent that it could not be put in the same good condition as when received, the hirer would pay a stipulated sum for the lighter, without any provision or stipulation in the agreement as to the manner or cause of the loss, the owner is entitled to recover damages from the hirer for a loss of the lighter, irrespective of the cause of the loss; and where the lighter was lost in a storm during such term, and an action was brought upon the contract by the owner, an answer admitting the loss of the lighter, and alleging that the lighter was not injured, lost, or destroyed by any act, negligence, or default of the defendant, but by the act of God and the elements, and setting forth the particulars of the loss, raises no material issue as to whether the lighter was lost by inevitable accident.</p> <p>Id.—Unforeseen Impossibility of Performance.—Where a party has expressly undertaken without any qualification to do anything not naturally or necessarily impossible under all circumstances and does not do it, he must make compensation in damages, though the performance was-rendered impracticable, or even impossible, by some unforeseen cause over which he had no control, but against which he might have provided in his contract.</p> <p>Id. — Stipulated Value of Lighter—Defense of Less Value—Judgment upon Pleadings.—In an action upon such contract, an answer alleging that the lighter when delivered to the defendant was of a less value than the stipulated sum agreed to be paid in case of loss, presents a partial defense to the action, and a judgment upon the pleadings for the stipulated sum with interest is erroneous.</p> <p>Id.—Stipulated Damages—Penalty — Construction of Contract—Pleading —Actual Damage.—The stipulation in the -contract for the h