New York Court of Appeals

William L Clark, Appellant v. John B. West, Respondent

November 10, 1908193 N.Y. 349

Summary

The Court affirmed the Special Term's sustaining of the demurrer, holding that the abstinence clause was a condition precedent that could be waived without new consideration, that the plaintiff's complaint sufficiently alleged an express waiver, and that the defendant may still counterclaim for damages.