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Planche v Colburn  [1831] EWHC KB J56 Kings Bench Division

The claimant agreed to write a book on costume and armour for the defendant as part of a series called 'the Juvenile Library'. The agreed contract price was £100 to be payable on completion. The claimant commenced writing and had completed a great deal of it when the defendant cancelled the series. The defendant refused to pay the claimant despite his undertaking and the fact that the claimant was still willing to complete. The claimant brought an action to enforce payment.

Held:

The claimant was entitled to recover £50 because the defendant had prevented the performance.

Back to lecture outline on Discharge of a contract through performance