ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Thursday, September 8, 2005

Newman Excused by a Condition Subsequent?

In the Seinfeld episode, “The Calzone,” George and Newman strike a deal whereby Newman will buy calzones for George to give to New York Yankees owner George Steinbrenner, and George agrees to buy food for Newman in return.  George needs Newman to buy the calzones because he has been banned from the store.  Subsequently, the following exchange occurred:

     George: Well, I was dropping off the calzone money for the week . . . . Um, shouldn't you be at work by now?
     Newman:  Work? It's raining.
     George: Soooooo . . . .
     Newman:  I called in sick. I don't work in the rain.
     George:  You don't work in the rain?  You’re a mailman. "Neither rain nor sleet nor snow . . . .." It's the first one!
     Newman:  I was never that big on creeds.
    George: You were supposed to deliver my calzones. We had a deal!
     Newman:  I believe the deal was that I get the calzones on my mail route.  Well, today I won't be going on my mail route, will I?  Perhaps tomorrow.
     George: But I'm paying you!
     Newman:  Yes, thank you. [Slams door.]

[Wayne Barnes]

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