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Krell v. Henry

England and Wales High Court of Justice, King's Bench Division

2 K.B. 740 (1903)

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 seventy-five pounds. Henry sent a letter to Krell with a deposit of twenty-five pounds and a promise to pay the remaining fifty 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 fifty pounds to Krell because the coronation did not occur, which he claimed was a condition precedent in the contract. Henry also brought a counterclaim for return of the twenty-five 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.

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Holding and Reasoning (Vaughan Williams, L.J.)

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