Kingston v. Preston
| Kingston v. Preston | |
| Court | Court of King’s Bench |
|---|---|
| Citation | Lofft 194, 198 98 Eng. Rep. 606, 608 (1773) |
| Date decided | 1773 |
Facts
Plaintiff contracted with the defendant to serve him for one and ¼ years in his trade as a silk-mercer for 200 pounds per year. Then at the end of the year, the defendant would give up his business to the plaintiff, along with a helper, for a fair value. The first part of the contract was completed, but the second part was not.
Issues
Whether a party is liable for a breach of contract when a condition precedent exists in the terms which has not yet been performed, but an independent part of the contract has already been completed by both parties.
Holding/Decision
Judgment for the defendant.
Reasoning
The part to be performed by the defendant was a condition precedent to good security for the payment by the plaintiff, which was not fulfilled.
