Farnon

The sole question for our determination is whether the death on February 15, 1965, of defendant’s testator Nathaniel Cole, more popularly known as “Nat King Cole,” excused further performance of a written contract between Cole and the plaintiff Brian Farnon wherein Cole agreed to employ Farnon and Farnon agreed to render services to Cole ás a musical director for a period of one year commencing August 31,1964.

The agreement, as set forth in the margin, was entered into on August 10, 1964. Plaintiff Farnon rendered performance thereunder through January 31, 1965. Cole became ill in December of 1964, was hospitalized on December 8th, and his illness was diagnosed as being caused by cancer. Cole was disabled from thereafter making any public appearances, but payments were made to Farnon pursuant to paragraphs 4b and 4c of the contract to and through January 31, 1965. On February 1, 1965, Cole underwent surgery and on the same date a letter was sent giving plaintiff notice of termination of the contract. Cole died on February 15, 1965, and defendant Maria Cole became the duly appointed, qualified and acting executrix of Cole’s estate. On March 31, 1965, plaintiff filed a claim…