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Javierre v. Central Altagracia, 217 U.S. 502 (1910)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Javierre v. Central Altagracia, 217 U.S. 502 (1910)
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Javierre v. Central Altagracia No. 171 Argued April 26, 1910 Decided May 16, 1910 217 U.S. 502
APPEAL FROM THE DISTRICT COURT
OF THE UNITED STATES FOR PORTO RICO
Syllabus
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.
A contract for deliveries 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.
Damages in a suit at law for failure to comply with the term of a contract for delivery of crop is an adequate remedy, and specific performance and an injunction against delivery to others should have been refused in this case.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Javierre v. Central Altagracia, 217 U.S. 502 (1910) in 217 U.S. 502 217 U.S. 506. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=5LIDRXQTVS116LM.
MLA: U.S. Supreme Court. "Syllabus." Javierre v. Central Altagracia, 217 U.S. 502 (1910), in 217 U.S. 502, page 217 U.S. 506. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=5LIDRXQTVS116LM.
Harvard: U.S. Supreme Court, 'Syllabus' in Javierre v. Central Altagracia, 217 U.S. 502 (1910). cited in 1910, 217 U.S. 502, pp.217 U.S. 506. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=5LIDRXQTVS116LM.
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