Cox v. Martin’s Empirical Analysis

Citation profile

11 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Recurring now to the main question, it is clear that wherever the continued existence of the particular person contracted with — the contract being executory — is essential to the completion of the contract, by reason of his peculiar skill or taste, death terminates the contract; as, for example, `contracts of authors to write books, of attorneys to render professional services, of physicians to cure particular diseases, of teachers to instruct pupils, and of masters to teach apprentices a trade or calling.' So, also, when the continued existence of a particular thing is essential to the completion of the contract, the destruction of the existence of the thing (its death) terminates, the contract — as, in contracts for the sale of specific chattels, or for the use of a building, they ceasing to exist. 1 Beach on the Modern Law of Contracts, sec. 773, p. 946, note 3, with the authorities cited. `But where the contract with the deceased is executory, and the personal representative can fairly and fully execute it as well as the deceased himself would have done, he may do so and enforce the contract. And, on the other hand, the personal representative is bound to complete such a contract, and if he fails to do so, he may be compelled to pay damages out of the assets in his hands.' Note supra, with authorities, 22 Am.St.Rep., p. 813.”

   1 later decision quote this exact passage · from the majority
   e.g. 370 So. 2d 700 - Thomas Yates & Co. v. AMERICAN LEGION DEPT.