Hochster v. De La Tour
2
El. & Bl. 678 (1853)
Facts: The defendant hired the plaintiff
on April to start work on June 1. The defendant
repudiated the contract on May 11th, and the plaintiff sued on May
22nd.
Issue: Is suing for breach before
the date of performance premature?
Rule: NEW RULE! An action for damages can be brought
immediately when anticipatory repudiation occurs.
Analysis: The court says that you can
sue after repudiation but before the date of performance. You don’t have to sue immediately when the
other party repudiates; you can wait until the performance date if you want.
Conclusion: The suit was not premature.
Back to Breach by Anticipatory
Repudiation
Back to Limitations on Expectation
Damages