Hochster v. De la Tour
Queen's Bench
2 Ellis & Bl. 678 (1853)
Relevant factsFree
De la Tour (defendant) hired Hochster (plaintiff), a courier, for a trip beginning June 1, 1852, but wrote to him on May 11 revoking the arrangement; Hochster sued for anticipatory breach on May 22, before the performance date, and in the meantime secured other employment beginning July 4. The jury found for Hochster, and De la Tour appealed, arguing the suit was premature since the breach date hadn't yet arrived.
IssueFree
Whether a party informed of the other party's intent to breach an agreement may immediately sue for damages in anticipation of that breach, rather than waiting until the performance date.