Smith v. Wilmington Coal Mining & Manufacturing Co.

Citations

• 83 Ill. 498

Syllabus

<p>1. Administrator—power and right to execute contracts of intestate. If a contract with a deceased party is of an executory nature, and his personal representative can fairly and sufficiently execute all that the deceased could have done, he may do so, and enforce the contract. The exceptions to the rule are, where the contract is of a personal character, or requires, in its execution, the exercise of peculiar skill or taste.</p> <p>3. Same—responsibility in performing. At common law, if an administrator undertakes to perform the contract of his intestate, it is upon his own personal responsibility, and if losses are sustained, he must bear them, and if profits are realized, they become assets in his hands for the benefit of the estate.</p> <p>3. Same—effect of statute as to performance of contract by administrator. The statute of this State has so far changed the rule at common law, that where the administrator performs a contract of his intestate under an order of the county court, the estate will be bound for any loss sustained, as well as entitled to any profits realized. But the statute has not changed the rule which authorizes the administrator to perform on his own responsibility, and if he performs without an order of court, he assumes the risk of losses.</p> <p>4. Contract—continues after death of a party. The death of one of the contracting parties does not put an end to the contract, and his estate is liable in damages for any breach after, as well as before his death.</p>