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- 118 Eng.Rep. 922
Contributed by Okapi13
Repudiation of a contract to hire a tour guide allows the guide to sue before the would-be date of performance, because anticipatory breach exists now.
Issue
If a hired tour guide's services are repudiated, can an action for breach be brought before the day the performance would have been due?
Conclusion
Yes. There is no need to wait for the date of actual breach to sue for damages when an express repudiation makes it clear that one party has entered into anticipated breach.
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Rule
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.
Analysis
Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum
Facts
- In April 1852, Defendant De la Tour entered into a contract with Plaintiff Hochster for Hochster’s services as a tour guide on a three month trip to begin on June 1, 1852. On May 11, 1852, De la Tour informed Hochster he changed his mind and would no longer need Hochster’s services. Hochster sued De la Tour on May 22, 1852 to recover damages in anticipation of the breach to occur on June 1. Sometime between May 22 and June 1, Hochster got another job as a courier to begin July 4, 1852. Jury found for Hochster, and De la Tour appealed.
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Holding
- Hey! This is the holding for Pennoyer v. Neff. It probably isn't the holding for the brief you're looking at. Join LSD+ for full access.
- A named property within the court's jurisdiction is attached to satisfy an unrelated claim, despite the owner of said property being a non-resident of the state.
- A named property within the court's jurisdiction is attached as the basis for the suit (e.g., to quiet title), despite the owner of said property being a non-resident of the state.
- An individual is sued who is a resident of the state, or who has been served with process while physically located within the state.
- jurisdiction - Neff is neither a resident, nor was served while within the state. Service by publication may be valid for an
- proceeding, where the owner would be made aware of the suit due to their property being seized, but not for
- jurisdiction - the action was on the basis of a suit to receive payment owed, and did not relate directly to a property within the state.
- jurisdiction, as the Oregon property was not attached to the initial suit, but rather was added in after the suit happened - note that Neff did not even purchase the property until after the suit had concluded.
- Accordingly, the Oregon court did not have jurisdiction over the initial suit between Neff and his lawyer.
- Enforcement of a judgment without jurisdiction denies due process!
- Additionally, although judgments rendered by other states are entitled to full faith and credit, if that state did not have jurisdiction to render the judgment, it loses such entitlement.
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