Court of King’s Bench
99 Eng. Rep. 437 (K.B. 1773)
Preston (defendant) was a silk merchant. Kingston (plaintiff) agreed to serve as Preston’s apprentice. At the end of that time, Preston was to sell the business to Kingston and a partner, who would continue to operate out of Preston’s home. Kingston promised to provide Preston with “sufficient security” and pay fair value for the business. Kingston sued for breach of contract, arguing that he was willing to perform his obligations under the contract but that Preston refused to sell the business. Preston argued that Kingston never provided the promised security. Kingston demurred. Kingston asserted that Preston was still obligated to transfer the business as agreed, because the parties’ mutual promises were independent of one another. Consequently, Preston could not rely on Kingston’s breach to avoid his obligations under the contract. Kingston argued that his non-performance merely provided a basis for Preston to bring a separate action against Kingston for breach. Conversely, Preston argued that the mutual promises made in their agreement were dependent on one another, and that Kingston’s failure to perform relieved Preston of his obligation to perform.
Rule of Law
Holding and Reasoning (Mansfield, L.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 238,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.