Price, Administrator v. Holmes

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• plaintiff may plead causes of action in contract and in tort arising from a single transaction
• “To determine whether a cause of action survived [death], either in tort or in contract, we must ascertain when each would have accrued.”
• court rejected notion that statute of limitations began to run when will was negligently drafted because plaintiff did not suffer damages until will was found invalid
• “At common law, and in this state, a cause of action sounding in contract survives the death of either party where the breach thereof results in loss or injury to a property right.”
• a negligence cause of action arising out of a banker’s faulty execution of a will did not accrue when the will was drafted and executed but rather when tire plaintiff was damaged, i.e., when the will was later declared void

Source: CourtListener parenthetical corpus (CC0).