Stubbs v The Holywell Railway Company
| Jurisdiction | England & Wales |
| Court | Exchequer |
| Year | 1865 |
| Date | 1865 |
Contract for Personal Services - Effect of Death - Vested Right of Action.
Although a contract involving personal confidence is put an end to by the death of the party confided in, it is not thereby rescinded so as to take away a right of action already vested.
The defendants employed S. as consulting engineer for fifteen months to complete certain works. S. was to be paid 500l. for his services in equal quarterly instalments. Before the work was finished, and whilst two quarterly instalments which were due to him were still unpaid, he died:—
Held, that his personal representative was entitled to recover them.
DECLARATION for money payable by the defendants to the plaintiff as administrator of William Stubbs, deceased, for work done by the said William Stubbs, in his lifetime for the defendants, at their request, and fees, &c., payable in respect thereof, for money paid by the said William Stubbs in his lifetime for the defendants, at their request, and for money due on accounts stated between the said William Stubbs in his lifetime and the defendants, and for money due on accounts stated between the plaintiff as administrator and the defendants.
Pleas. Never indebted, and payment. Issue thereon.
The cause was tried before Mellor, J., at the last Liverpool spring assizes, when the following facts were proved:—
In December, 1865, William Stubbs, the deceased, was appointed consulting engineer by the defendants, to complete the construction of certain works on their line. The work was to be completed in fifteen months from the 5th December, and the defendants were to pay Stubbs 500l. as his fee or salary for performing it, by five equal quarterly instalments. He was also to be paid his travelling expenses. The work was commenced on these terms, and the first quarterly payment of 100l. was made in March, 1866. Stubbs continued in his employment for two quarters more. Soon after the end of the third quarter, and before any payment beyond the 100l. had been made to him, he died intestate. Less than three-fifths of the whole work had been done, but no default on the part of the deceased was proved. The plaintiff, his administrator, now sought to recover two instalments of 100l. each for the second and third quarters' work, and also 10l. for travelling expenses incurred by the deceased. The defendants contended, however, that they were only liable on a quantum meruit for the amount of work actually done during the second and third quarters. The jury found...
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Chan Choy Fong v The Secretary For Home Affairs
...principal and agent and master and servant, the death of either party puts an end to the relation." In Stubbs v. Holywell Railway Co., (1867) LR 2 Exch 311, at p. 315 Channel, B. said : "It is not denied that this contract was one of personal confidence. That being so, on the death of [the ......
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Preliminary Sections
...48 Stubbs v. The Hollywell Railway (1867) L.R. 2 Exch. 311. 313 Suleiman & Anor v. Johnson, 13 W.A.C.A. 213. ............................................... 433 Suleman v. Ladejobi (1951) 13 W.A.C.A. 213. ......181 Sunshine Anthracite Coal Co. v. Adkins 310 U.S. 381, 396 (1940). .................