January 8, 2010

Contracts.

Practice point: While a contract for personal services is terminated by the servant’s death, a sales contract is not terminated by the buyer’s death.

Practitioners should note that where performance is possible, albeit unprofitable, the legal excuse of impossibility is not available.

Case: Warner v. Kaplan, NY Slip Op 09169 (1st Dept. 2009)

The opinion is here.

Monday’s issue: Motion practice.