Lewis v. Atlas Mutual Life Insurance
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. I. There was a legal obligation on the part of the Atlas Life Insurance Company, to fulfill its contract for the term of five years — that is, to employ and keep the appellant in their employment for that period of time. This is the legal implication of .the contract, although not expressed. II. Neither inability or insolvency constitute a legal excuse for the non-performance of a contract.
Read the full summary
Appeal from St. Louis County Circuit Court. I. There was a legal obligation on the part of the Atlas Life Insurance Company, to fulfill its contract for the term of five years — that is, to employ and keep the appellant in their employment for that period of time. This is the legal implication of .the contract, although not expressed. II. Neither inability or insolvency constitute a legal excuse for the non-performance of a contract. The legal obligation continues notwithstanding inability to perform. (Pothier Oblig., 133 ; 2 Par. Con., 672; Hiding vs. Craig, Addison R., 342; Paradin.e vs.…
1Opinion of the Court
Wagnjcr. Judge,
delivered the opinion of the court.
This was an action to recover damages for breach of a contract of agency. By virtue of the contract the plaintiff became the general agent of the defendant for the State of Illinois, for the term of live years. By the provisions of the contract the plaintiff agreed to work exclusively for the company during its continuance. He was also bound to work the territory with a full corps of energetic and reliable agents. He had all the authority of a general agent in soliciting insurance and collecting premiums. His remittances were to be on the 10th…
2Cases cited1 opinion
- Black v. WoodrowCourt of Appeals of Maryland · 1874
3Cited by58 opinions
- Missouri, Kansas & Texas Railway Co. v. W. T. Carter & BrotherTexas Supreme Court · 1902
- Brigham & Co. v. CarlisleSupreme Court of Alabama · 1884
- Massachusetts Bonding & Ins. v. Johnston & Harder, Inc.Supreme Court of Pennsylvania · 1941
- Moore v. Security Trust & Life Ins.Court of Appeals for the Eighth Circuit · 1909
- Indianapolis Northern Traction Co. v. BrennanIndiana Supreme Court · 1909
53 more not listed; retrieve them via the Exa API.