Wertz v. Klinger

Citations

• 25 Pa. Super. 523
• 1904 Pa. Super. LEXIS 106

Syllabus

<p>Contracts — Impossibility of performance — Destruction of property.</p> <p>Where a contract is entered into of a continuing character, or to be performed at a future time, dependent upon the continuing existence of a particular person or thing, or the continuing ability of the obligor to perform, subsequent death, destruction or disability will excuse the obligor from compliance with the terms of the contract.</p> <p>Where a person having the right to use canal boats owned by a canal company accepts a promissory note under an agreement by which he gives to the maker of the note the right to use the boats, and the maker agrees to pay the note in installments at the end of each trip, and it appears that after certain installments were paid the canal was abandoned by the canal company, the maker cannot be required to pay the balance of the note.</p>