Joint liabilities require surviving obligors and representatives to continue performance, with representatives succeeding collectively after last survivor. Where two or more persons make a joint promise, performance is a joint obligation during their lives; upon the death of any promisor his representative must join the survivor(s) in performance; after the death of the last survivor the representatives of all original joint promisors are jointly bound to fulfil the promise, unless a contrary intention appears in the contract.
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Provisions expressly mentioned in the judgment/order text.
Joint liabilities require surviving obligors and representatives to continue performance, with representatives succeeding collectively after last survivor.
Where two or more persons make a joint promise, performance is a joint obligation during their lives; upon the death of any promisor his representative must join the survivor(s) in performance; after the death of the last survivor the representatives of all original joint promisors are jointly bound to fulfil the promise, unless a contrary intention appears in the contract.
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