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Monday, February 13, 2006

Rejoice and Be Glad!

Here's a bit of classroom humor from Gary Neustadter (Santa Clara):

Gary_neustadter I use Dove v. Rose Acre Farms, 434 N.E.2d 931 (Ct. App. Ind. 1982), to illustrate the principle that substantial performance cannot satisfy a condition.  In that case, a law student worked for Rose Acre Farms (a big Indiana egg producer) during the summer.  He and others were promised a large bonus for doing some construction work, provided that, among other things, they were never even a moment tardy and didn't miss any work on account of illness.  He got strep throat the last two days of the 10-week project and was denied the bonus even though the project was completed on time.  The court denied him relief for his failure to satisfy the condition. 

Rose Acre has a nice website at:  http://www.roseacre.com/default.html.   If you scroll down on it a bit, you can find the comfort that Rose Acre might have offered the law student in lieu of the bonus:  "This is the day which the Lord has made; Let us rejoice and be glad in it.  Psalms 118 verse 24."

[Frank Snyder]

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