Contract; anticipatory breach; immediate right to sue.
Facts: In April, De la Tour engaged Hochster as a courier, to accompany him on a tour. Hochster was to only commence work on June 1, 1852. However, three weeks before that date, De la Tour informed Hochster that he no longer required a courier. De la Tour refused to compensate Hochster for cancelling the agreement. On May 22, a week before his employment was due to begin, Hochster sued De la Tour for breach of contract.
Issue: Had there already been a breach of contract by De La Tour on 22 May, giving Hochster an immediate right to sue?
Decision: The court held there had been an anticipatory breach of contract by De la Tour on 22 May, and that Hochster was immediately entitled to sue.
Reason: When the time for performance of a contract has not yet arrived, but one party expressly announces that they are not going to perform their future obligations, the non-defaulting party is entitled to accept this repudiation of the contract and sue immediately for damages on grounds of anticipatory breach.