Campbell v. Faxon

Citations

• 73 Kan. 675
• 85 P. 760
• 1906 Kan. LEXIS 305

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Master and Servant — Termination by Death. A contract that one party was to be the managing agent of a drug-store owned by another, which might be terminated at any time by either party, and in which it was agreed that instead of a salary the agent’s compensation should depend upon the extent and success of the business, created a personal relation which was dissolved by the death of one of the parties, and was without binding effect upon the administrator of his estate.</p> <p>2. Administrators —■ Conducting Decedent’s Business without Authority — Liability. In the absence of a testamentary direction an administrator of the estate of a deceased person cannot carry on the business of the decedent, and if he does so without authority he will be individually bound for the contracts of the business.</p>