Legal Opinion
Donlan v. City of Boston
Massachusetts Supreme Judicial Court
Decided March 3, 1916PublishedCited by 13 opinions
1Opinion of the CourtBraley, J.
The plaintiff’s testatrix died while in the employment of the defendant as a teacher of manual training in the public schools under a contract at a fixed yearly salary, and this action is brought to recover the balance which would have been due if she had survived the period. It is settled that as performance by her depended upon her personal judgment, ability and efforts, there was an implied condition to which the contract was subject that she should be living and physically able to do the work. Marvel v. Phillips, 162 Mass. 399, 401. The contract therefore was terminated by her death…
2Cases cited6 opinions
- Fullam v. Wright & Colton Wire Cloth Co.Massachusetts Supreme Judicial Court · 1907
- Marvel v. PhillipsMassachusetts Supreme Judicial Court · 1894
- Johnson v. WalkerMassachusetts Supreme Judicial Court · 1892
- Browne v. FairhallMassachusetts Supreme Judicial Court · 1913
- Clark v. GulesianMassachusetts Supreme Judicial Court · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In Re Public Ledger, Inc.Court of Appeals for the Third Circuit · 1947
- Cobb v. City of MaldenCourt of Appeals for the First Circuit · 1953
- In Re Wil-Low CafeteriasCourt of Appeals for the Second Circuit · 1940
- Owens v. Press Publishing Co.Supreme Court of New Jersey · 1956
- Russell v. MartinMassachusetts Supreme Judicial Court · 1919
8 more not listed; retrieve them via the Exa API.