Browne v. Fairhall
Massachusetts Supreme Judicial Court
Contract for a breach by the defendant of the contract in writing described in the opinion. Writ dated November 13, 1909. In the Superior Court the case was tried before Raymond, J. The material facts are stated in the opinion. At the close of the evidence the defendant asked for the following rulings: “1. Upon all the evidence in the case the plaintiff is not entitled to recover.
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Contract for a breach by the defendant of the contract in writing described in the opinion. Writ dated November 13, 1909. In the Superior Court the case was tried before Raymond, J. The material facts are stated in the opinion. At the close of the evidence the defendant asked for the following rulings: “1. Upon all the evidence in the case the plaintiff is not entitled to recover. “2. The covenants and agreements, under the contract, on the part of the defendant’s testator, were personal, were not intended to be and, as a matter of law, are not binding upon his estate. “3. As the contract…
1Opinion of the CourtSheldon, J.
The first question in this case is whether the cause of action declared on survived the death of John B. Browne, hereinafter called the testator. Perhaps a more exact statement of this question would be, whether by reason of the death of the testator the agreement between the original parties became impossible of fulfilment, and whether the parties to the agreement foresaw that this contingency might arise and guarded against it by their stipulations, so that there still may be a remedy upon the contract, even though an exact performance of all its provisions *292may have become impossible by…
2Cases cited12 opinions
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