Burch v. . Bush
Supreme Court of North Carolina
Appeal by defendant from Kerr, •/., at August Term, 1920, of FRANKLIN. Civil action, brought to recover moneys alleged to have been withheld on a logging and sawmilling contract. On 16 December, 1915, plaintiff's intestate entered into a written contract with the defendant whereby he undertook to cut a certain tract of standing timber and manufacture the same into lumber as per specifications set out in the written agreement — the work to be completed within eighteen months.
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Appeal by defendant from Kerr, •/., at August Term, 1920, of FRANKLIN. Civil action, brought to recover moneys alleged to have been withheld on a logging and sawmilling contract. On 16 December, 1915, plaintiff's intestate entered into a written contract with the defendant whereby he undertook to cut a certain tract of standing timber and manufacture the same into lumber as per specifications set out in the written agreement — the work to be completed within eighteen months. It was stipulated in the contract that the cutting and sawing of said timber was to be paid for as the work progressed,…
1Opinion of the CourtStacy, J.
We tbink bis Honor erred in bolding, as a matter of law, that the contract in question was personal, and that further performance was not required after the death of plaintiff's intestate.
The general rule is that contracts bind the executor or administrator, though not named therein, and that death does not absolve a man from his engagements. There is an exception, however, to this general rule, equally well established, that in contracts requiring the continued existence of a given person or thing, a condition is implied that the impossibility of fulfillment, arising but of the death of the…
2Cases cited12 opinions
- R. R. v. . R. R.Supreme Court of North Carolina · 1908
- Drummond v. CraneMassachusetts Supreme Judicial Court · 1893
- Harwood v. Shoe.Supreme Court of North Carolina · 1906
- Simms v. . VickSupreme Court of North Carolina · 1909
- Pasquotank & North River Steamboat Co. v. Eastern Carolina Transportation Co.Supreme Court of North Carolina · 1914
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Brewington v. LoughranSupreme Court of North Carolina · 1922
- Fawcett v. . FawcettSupreme Court of North Carolina · 1926
- Shutt v. ButnerCourt of Appeals of North Carolina · 1983
- Cates v. CatesSupreme Court of Alabama · 1958
- Durham Construction Co. v. WrightSupreme Court of North Carolina · 1925
9 more not listed; retrieve them via the Exa API.