As to Aeroplane Contracts.
"At the present time there are many orders being
placed with aeroplane manufacturing companies. There
are some unique questions to be raised here under the
law of contract. It is an elementary principle of law
that no one can be compelled to complete a contract
which in itself is impossible to perform. For instance,
a contract to row a boat across the Atlantic in two
weeks, for a consideration, could never be enforced because
it is within judicial knowledge that such an undertaking
is beyond human power. Again, contracts formed
for the doing of acts contrary to nature are never
enforcible, and here is where our difficulty comes in. Is
it possible to build a machine or species of craft which
will transport a person or goods through the air? The
courts know that balloons are practical; that is, they
know that a bag filled with gas has a lifting power and
can move through the air at an appreciable height.
Therefore, a contract to transport a person in such manner
is a good contract, and the conditions being favorable
could undoubtedly be enforced. But the passengers'
right of action for injury would be very limited.
