Vinayak Purshottam Dube th. LRs. vs. Jayashree Padamkar Bhat & Ors. (SC)

Contract Act, 1872–Sec. 37–Scope–The representatives of a promiser are bound to perform the promisor’s contract to the extent of the assets of the deceased falling in their hands–But they are not personally liable under the contract of the deceased–When personal considerations are the basis of a contract, these come to an end on the death of either party, unless there is a stipulation express or implied to the contrary–This is especially so when the contract involves exercise of special skills such an expressed in Section 40 of the Contract Act.