This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
If, however, the contract shows that the parties thereto contemplated the death of one of them, and provided for the effect thereof, full effect is given to such provision.1 A provision by which A appoints B to represent her interests during A's life, and to represent A's estate on A's death, is not discharged by A's death.2
If a contract is personal in its nature, it has been held, however, that the death of one of the parties thereto operates as a discharge in spite of the fact that the contract contains an express provision to the effect that it is to be binding upon the personal representatives of one or the other of the parties.3 A contract by which A authorized B to collect rent from A's realty, to make repairs and to pay the balance over to A, was held to be personal in its nature so that it could not possibly have been enforced against B's personal representatives; and accordingly it was held that A's death operated as a discharge of such contract in spite of such provision.4 A contract for the sale of property which provides that the purchaser's notes in such numbers and for such amounts as he should determine by aggregating an agreed sum, should be given for part of the purchase price, was held to be discharged by the death of the purchaser before he had given such notes, although the contract provided expressly that it should be "binding upon and enure to the benefit of the respective heirs, executors and administrators" of the parties thereto.5 The seller was accordingly denied the right to enforce the contract as against the estate of the purchaser if the purchaser was not in default at the time of his death.6
8 Prather v. Latshaw, - Ind. -, 122 N. E. 721; Carter v. Wilson, 102 Kan. 200, 169 Pac. 1139; Cox v. Chase, 95 Kan. 531, L. R. A. 1915E, 590, 148 Pac. 766; Runyon v. Culver, 168 Ky. 45, L. R. A. 1916F, 3, 181 S. W. 640.
11n re Mcintosh, 182 Ia. 23, 159 N. W. 223.
2 In re Mcintosh, 182 Ia. 23, 159 N. W. 223.
3 Browne v. Fairhall, 213 Mass. 290, 45 L. R. A. (N.S.) 349, 100 N. E. 556; Homan v. Redick, 07 Neb. 299, L. R. A. 1915C, 601, 149 N W. 782.
4 Homan v. Redick, 97 Neb. 299, L. R. A. 1915C, 601, 149 N. W. 782.
5 Browne v. Fairhall, 213 Mass. 290. 45 L. R. A. (N.S.) 349, 100 N. E. 556.
6 Browne v. Fairhall, 213 Mass. 290, 45 L. R. A. (N.S.) 349, 100 N. E. 556.