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18 St. Louis L. Rev. 181 (1932-1933)

handle is hein.journals/walq18 and id is 183 raw text is: ST. LOUIS LAW REVIEW Vol. XVIII APRIL, 1933 No. 3 RESTATEMENT OF THE LAW OF CONTRACTS OF THE AMERICAN LAW INSTITUTE, SECTIONS 454-469,* WITH MISSOURI ANNOTATIONS- BY TYRRELL WILLIAMS IMPOSSIBILITY Section 454. DEFINITION OF IMPOSSIBILITY. In the Restatement of this Subject impossibility means not only strict impossibility but impracticability because of extreme and unreasonable difficulty, expense, injury or loss involved. Annotation: This description is rather broad. However it is not incon- sistent with Missouri law. In Trammell v. Vaughan (1900) 158 Mo. 214, 59 S. W. 79, the impracticability of marriage at a par- ticulgr time between a venereally infected man and a healthy woman was treated by the court as if it were an impossibility. In Jackson County Light Co. v. Independence (1915) 188 Mo. App. 157, 175 S. W. 86, a certain contract contained as an essen- tial term the words reasonably possible, and the court gave these words an interpretation in accord with this Section. In Missouri (as in other American jurisdictions) the law of impossibility is still in the stage of development, and exhibits both the old unsympathetic attitude and the new sympathetic attitude. The old attitude is illustrated by the reasoning in Harrison v. Mo. Pac. Ry. Co. (1881) 74 Mo. 364, emphasizing the binding nature of express unconditional contracts and citing the English case of Paradine v. Jane. The new attitude is illustrated by Hall v. School District (1887) 24 Mo. App. 213, emphasizing the presence * Copyright, 1928, The American Law Institute. t Copyright, 1933, by Washington University. Previous sections of the Restatement, similarly annotated, will be found in the ST. LouIs LAW REvMw for December, 1930, February, 1931, June, 1931, December, 1931, December, 1932, and February, 1933.

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