Nature of the Case
To access this section all you need to do is click here and register.
Facts
Hochster (P) contracted to serve as De La Tour's (D) employee beginning on June 1. P was to be a courier for D during a three-month trip to Europe. P was to be paid 10 pounds per month. P remained ready to perform on the agreed upon date. On May 11, D wrote to P and repudiated the agreement. P sued for breach of contract (assumpsit). P was hired for another job, but it was not to begin until July 4th. P sued on May 22nd, but D’s counsel objected in that there could be no breach until June 1st the start date of the contract. Judgment was given to P. D appealed.
(Hannon): In the present case if the writ had issued on June 2nd the case would have been with the Cort case. In dicta in the Parke case, it was said it would not make a difference if the writ issued before performance. In a contract to marry in the future, a marriage of the man before that day is a breach and the action may be had at that moment. The reason is, is that the marriage of the man before that day is a breach and a final refusal to go on with the contract. It is not on the ground that the defendant has rendered it impossible to fulfill the contract. When a party announces his intention not to fulfill the contract the other side may take him at his word and rescind the contract. The word rescind implies that both parties have agreed that the contract shall end. That is the principle of this case.
(Hill and Deighton): In Cort, the writ was taken out after the time for completing the contract. That case is consistent with D’s position because it is implied that the parties to a contract shall keep themselves legally capable of performing it, but that an announcement of an intention to break the contract when the times comes is no more than an offer to rescind. In Phillpotts, it was held that the measure of damages was the market price at the time when the contract ought not to be completed. If a refusal before the time is a breach, how could these damages be ascertained?
Support@ bsmsphd.com
Casebriefs Co