Sailor's Death Voided Voyage Payment

In 1793, a sailor named T. Cutter agreed to serve as second mate on a 10-week voyage from Kingston, Jamaica, to Liverpool for 30 guineas, payable only if he completed the journey. Cutter died seven weeks into the voyage, and his widow sued Captain Powell for wages covering the time her husband had worked. On June 9, 1795, the Court of King's Bench denied her claim because Cutter had not completed the entire contract, even though his death was not his fault. The case became an important English contract-law authority on substantial performance and contracts that require complete fulfillment before payment.

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