In April 1852, De la Tour (defendant) entered into a contract to pay Hochster (plaintiff), a courier, to accompany him on a trip. The trip was to begin on June 1, 1852. However, on May 11, 1852, De la Tour wrote to Hochster and informed him that he changed his mind and would no longer need Hochster’s services. Hochster brought suit against De la Tour on May 22, 1852 to recover damages in anticipation of the future breach on June 1. Additionally, Hochster obtained employment with another party commencing on July 4, 1852. At trial, the jury found for Hochster, and De la Tour appealed.