Oliver Wendell Holmes, Jr.

“ An allegation of fact that is material only as an indirect negative of something to be proved by the other party does not shift the burden of proof. Starratt v. Mullen, 148 Mass. 570, 2 L.R.A. 697, 20 N. E. 178. ”

“ Again, the court would not undertake to decree specific performance and to require and to supervise the raising of the crop and the grinding of the sugar, for even the now remaining period of the decree. There is a certain anomaly in granting the half-way relief of an injunction against disposing of the crops elsewhere when the court is not prepared to enforce the performance to accomplish which indirectly is the only object of the negative decree. ”

“ It was subject to a proviso, however, that if, on January 15, 1908, the projected Eureka Central should have been erected, or should be in course of construction, the appellants might cancel the contract, giving notice on October 1, 1907. The notice was given, but the appellee contended that the Eureka Central referred to was abandoned, and that the central relied upon as the ground for the notice was one got up by the appellants, and named Eureka, with a view to getting out of their contract with the appellee.
The findings of fact are not entirely satisfactory upon the point in issue. ”