Watkins' Case
Court of Common Pleas
Y.B.Hil. 3 Hen. 6, f. 36, pl. 33 (1425)
Relevant factsFree
W.B. contracted with Watkins (defendant) to build a mill, and when Watkins failed to complete it on time, W.B. brought a writ of trespass on the case seeking tort damages of 10 marks rather than a contract-based writ of covenant; Watkins's attorney argued the claim failed because no contract price had been declared, and the case proceeded through argument among several justices debating the availability of the tort writ for this kind of contractual failure.
IssueFree
Whether, under English common law, a writ of trespass on the case may be brought against a party who breaches a contract.