Hochster v. De La Tour - Case Brief PDF

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Case Brief...

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Contract II

Class 20

Hochester v. De La Tour Court: Court of Queen’s Bench (1853)

Facts: Hochster (PL) was a courier hired by De La Tour (DF) to accompany him on a tour, to begin on June 1, 1852. However, the DF canceled the contract on May 11, 1852. He refused to compensate PL.

Issues: Whether the DF may cancel the contract prior to performance.

Procedural History: The judge reserved leave to enter a nonsuit, and the jury found for the PL.

Judgement: Affirmed in favor of the PL.

Reasoning: The court first found that it was not necessary to wait until the day performance was to occur before suit for beach may be filed. The court further ruled that after renunciation of the agreement by the DF, the PL is at liberty to consider himself absolved from any future performance of it, retaining his right to sue for any damage he has suffered from the breach of it.

Rules: A breach may occur before performance is even attempted, when one party repudiates before performance is due. If this occurs, the other aggrieved party is absolved from any performance....