Krell v. Henry
England and Wales High Court of Justice
2 K.B. 740 (1903)
- Written by Megan Petersen, JD
Facts
Paul Krell (plaintiff) owned a suite of rooms at 56A Pall Mall. Krell left the country for a period of time and left instructions with his solicitor to sublease his rooms however he saw fit. On June 17, 1902, C.S. Henry (defendant) noticed a sign advertising Krell’s rooms for rent during the upcoming coronation of the king of England on June 26 and 27. Henry requested to rent the rooms from Krell for these two days for the sum of 75 pounds. Henry sent a letter to Krell with a deposit of 25 pounds and a promise to pay the remaining 50 pounds on June 24. Krell agreed to rent the rooms to Henry. However, the king became very ill before the coronation, and the coronation ceremonies were canceled. Henry refused to pay the remaining 50 pounds to Krell because the coronation, which he claimed was a condition precedent in the contract, did not occur. Henry also brought a counterclaim for return of the 25 pounds paid as a deposit, but he later withdrew this counterclaim. The trial court held there was an implied condition in the contract, the nonoccurrence of which made the contract unenforceable. The trial court entered judgment for Henry, and Krell appealed.
Rule of Law
Issue
Holding and Reasoning (Vaughan Williams, L.J.)
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