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executory contract and bankruptcy

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 240 U.S. 581 - Central Trust Co. v. Chicago Auditorium Ass'n · 1916Most cited · 140 citing opinions

The parties to a contract which is wholly executory have a right to the maintenance of the contractual relations up to the time for performance, as well as to a performance of the contract when due. It must be deemed an implied term of every contract that the promisor will not permit himself, through insolvency or acts of bankruptcy, to be disabled from making performance. Proceedings, whether voluntary or involuntary, resulting in an adjudication of bankruptcy, are the equivalent of an anticipatory breach of an executory agreement.