dolution
dolution.
Hochster v. De La Tour
FACTS On April 12, 1852, Hochster contracted with De La Tour to serve as a guide for De La Tour on his three-month trip to Europe, beginning on June 1 at an agreed-upon salary. On May 11, De La Tour notified Hochster that he would not need Hochster’s services. He also refused to pay Hochster any compensation. Hochster brought this action to recover damages for breach of contract.
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Order Paper NowDECISION Judgment for Hochster.
OPINION Hochster may treat the repudiation by De La Tour as a breach of contract and immediately bring suit. Otherwise, Hochster would have to remain ready to perform and to refrain from accepting other employment in order to tender his services on June 1. It is far more rational, upon repudiation of the contract by one of the parties, to allow the other party to consider his performance under the contract as excused and seek other employment while retaining his right to sue for damages.
INTERPRETATION An anticipatory breach discharges the injured party and entitles her to bring suit immediately.
CRITICAL THINKING QUESTION What policy reasons support an injured party’s right to bring suit immediately upon an anticipatory repudiation? Explain.
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