Story Case

Mr. J. W. Stevens, owner and proprietor of a moving picture theater, engaged Miss Myrtle McElroy to play a pipe organ in his theater. He engaged her for one year, and agreed to pay her the weekly sum of $30. After about three months, he notified her that he would not need her services any more; that the patronage at his theater did not justify him in paying so large a sum for some one to play the organ. She thereupon began suit for damages. She claimed damages, not only for the time intervening her dismissal and the bringing of the action, but for the remainder of the year. Stevens contended that she could only recover for the damages to the time when the suit was brought, and that for subsequent damages she would have to wait until such damages had accrued. May she recover full damages in this action?

Ruling Court Case. Isaac Parker Vs. Electa Russell, Volume 133; Massachusetts Reports, Page 74

Isaac Parker conveyed real estate to Electa Russell. In consideration of this conveyance, Russell promised and agreed to support and maintain Isaac Parker, furnishing him with all things necessary and convenient in sickness and in health, during the natural life of Parker. This agreement was entered into in the year 1873. Russell did support Parker from that time until some time in 1878, when her house burned. From that time until the bringing of this action, she had failed and refused to support Parker. He brought this action asking for damages for breach of the entire contract.

She contended that an action could not be maintained for entire damages. She insisted that he could recover damages merely for the past unperformed part of the contract, but that, as to the future unperformed part, an action would have to be brought, thereafter, for damages.

Decision

Where one commits a breach of a contract during the performance of the contract, the injured party may bring an action at once to recover entire damages. The contract is at an end, and the injured party is under no obligation to wait until the time for full performance has elapsed before suing for damages.

Mr. Justice Field said: "In an action for a breach of a contract to support the plaintiff during his life, if the contract is regarded as still subsisting, the damages are assessed to the date of the suit, and not to the time when the verdict is rendered. But if the breach has been such that the plaintiff has the right to treat the contract as absolutely and finally broken by the defendant and he elects so to treat it, the damages are assessed as of a total breach of an entire contract".

Judgment was given for Parker for entire damages.

Ruling Law. Story Case Answer

When one of the parties to a contract, during its performance, refuses to permit the other to continue with the contract, the injured person may do one of two things. He may wait until the end of the period of his employment and sue for all damages, accrued to him, or he may bring suit at once and recover all past damages and damages likely to accrue in the future. In the Story Case, therefore, Miss McElroy was within her rights in suing at once and was entitled to recover, not only for past damages, but for prospective damages as well.