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48
THE LAW OF MOTION PICTURES
nant that they will remain alive to complete the work.66 The contract is one which involves elements of confidence and skill, and each party is entitled to the active and continued collaboration of the other up to the completion of the work.67 When death robs him of that essential, the contract is broken; it is at an end.68 It cannot possibly survive, for obviously it cannot be carried out according to its terms. The surviving author is not bound to continue the work with a substitute appointed by the personal representative of the decedent, for no two people possess the same peculiar and valuable qualities.69
66 Blakely v. Sousa (1900), 197 Pa. St. 305, at p. 318; 47 Atl. 286. “ In all contracts of this character there is written by the law the condition that they are subject to the continuance of the lives of the parties contracting. . .
See also: Taylor v. Caldwell
(Eng.) (1S63), 3 Best. & S. 826; Spaulding v. Rosa (1877), 71 N. Y. 40; Baxter v. Billings (1897), 83 Fed. (C. C. A.) 790.
67 Spalding v. Rosa (1877); 71 N. Y. 40; Blakely v. Sousa (1900), 197 Pa. St. 305; 47 Atl. 286; Sargent v. McLeod (1913), 209 N. Y. 360; 103 N. E. 164; Baxter v. BiUings (1897), 83 Fed. (C. C. A.) 790; Wolfe v. Howes (1859), 20 X. Y. 197.
68 Blakely v. Sousa (1900) , 197 Pa. St. 305; 47 Atl. 286. “Whatever Sousa may have done after
Blakely’s death he did for himself. The term of his employment ended with the death of his employer. . . See cases cited and excerpts in Section 14, page 67, footnote 6.
69 Blakely v. Sousa (1900), 197 Pa. St. 305; 47 Atl. 286. “It would hardly be contended for a moment that if Sousa had died and Blakely had survived, Blakely could have been held to accept in lieu of Sousa’s services the services of his legal representatives or of anyone selected by them.”
Dickinson v. Callahan (1852), 19 Pa. St. 227, at 234. “It would seem absurd to say that the administrator of a physician or author, or a musician could be compelled to perform their professional engagements no mat