Section 3.37 Death of a Person or Destruction of a Thing Essential to the Performance of the Contract
| Library | Contracts 2016 Supp |
1. (§3.37) Death of a Person or Destruction of a Thing Essential to the Performance of the Contract
Courts usually will excuse the performance of a promise when it is rendered impossible by the death of a person essential for the performance of the contract. Whether death will excuse the performance depends on whether the promised act can be performed by successors. McDaniel v. Rose, 153 S.W.2d 828 (Mo. App. E.D. 1941).
Impossibility disputes between an owner and a contractor revolve around whether the owner’s design was impossible to perform and which party assumed the risk of nonperformance. Phillip L. Bruner &...
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