Gray v.
Supreme
Judicial Court of Massachusetts, 1821.
17
Facts: The defendant promised to pay
the plaintiff about $5000 unless,
basically, more oil arrived in certain ports in the current year than the
previous year. Whether this condition
was satisfied depended on whether the Lady Adams managed to arrive before
Issue: (1) Did the defendants
really have the burden of proof? (2) Did
the ship arrive on time?
Rule: (1) The promisor has the
burden of proof to show that a certain condition occurred that would let him
off the hook by the terms of the contract.
(2) As a matter of law, a ship has not arrived in port until it has
dropped anchor or has moored.
Analysis: The only big point made by
the court is that the parties more or less made a wager and both chose to take
a risk. There’s nothing unfair about
it. Thus, the court should uphold the
deal.
Conclusion: The verdict of the trial
court is upheld.