Court case(1853) 2 E & B 678

In April 1852 De la Tour engaged Hochster to accompany him as a courier on a tour of Europe beginning on 1 June, for three months at a monthly salary. On 11 May he wrote that he had changed his mind and would not require Hochster's services. Hochster sued on 22 May, before the date on which performance was to begin, and in the meantime obtained other employment starting on 4 July.

The Court of Queen's Bench, Lord Campbell CJ delivering the judgment, held that it could. A party who announces before the date of performance that he will not perform commits a breach at once; the other party may elect to treat the contract as ended and sue immediately, and is then free to make other arrangements rather than remain idle and ready until the day arrives. To hold otherwise would be to prejudice the innocent party for the benefit of the party in default.