Legal Opinion

Nutt v. Members Mutual Insurance Company

Court of Appeals of Texas

Decided November 19, 1971No. 17681PublishedCited by 17 opinions

1Opinion of the Court

GUITTARD, Justice.

This suit was brought by the executrix of a deceased corporate officer to recover the salary claimed to be due for two years of the contract period remaining after his death. The question is whether the written contract shows the parties’ intent that the salary continue, contrary to the general rule that a contract for personal services ends with the employee’s death. The trial court held the salary ended at his death, and we affirm.

By the contract in question The Members Mutual Insurance Company employed J. N. Nutt as executive vice-president and managing director at a…

2Cases cited5 opinions

  1. Echols v. MillerCourt of Appeals of Texas · 1920
  2. JONES, ETC. v. Servel, Inc.Indiana Court of Appeals · 1962
  3. Reitzer v. Medlake Development Co.Court of Appeals of Texas · 1930
  4. Moran v. Wotola Royalty Corp.Court of Appeals of Texas · 1938
  5. Jones v. Joy Manufacturing Co.Supreme Court of Missouri · 1964

3Cited by17 opinions

  1. John R. Ray & Sons, Inc. v. Stroman, Texas Court of Appeals, 14th District (Houston)1996
  2. Tractebel Energy Marketing, Inc. v. E.I. Du Pont De Nemours & Co., Texas Court of Appeals, 14th District (Houston)2003
  3. D.E.W., Inc. v. Depco Forms, Inc., Texas Court of Appeals, 4th District (San Antonio)1992
  4. TPS Freight Distributors, Inc. v. Texas Commerce Bank-DallasCourt of Appeals of Texas · 1990
  5. Greenstein v. Simpson, Texas Court of Appeals, 10th District (Waco)1983

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API