The principle is also applied to a promise of marriage which is repudiated by one of the parties before the time which has been agreed upon for performance arrives; and the adversary party may bring an action to recover damages at once without waiting for the time fixed by the contract for performance.1 If A and B have agreed to intermarry on the death of A's father, A's renunciation of such contract during the life of his father is such a breach that B may maintain an action at once without waiting for the death of A's father.2 Where A and B agree to intermarry upon the death of A's divorced wife, A's marriage to another woman while his divorced wife is still living is such a breach that B could maintain action at once without waiting for the death of A's divorced wife.3
1 California. Alderson v. Houston, 154 Cal. 1, 96 Pac. 884.
Minnesota. Alger- Fowler Co. v. Tracy, 98 Minn. 432, 107 N. W. 1124.
New York. Howard v. Daly, 61 N. Y. 362, 19 Am. Rep. 285.
Washington. Hunter v. Wenatcliee Land Co., 50 Wash. 438, 97 Pac. 494.
West Virginia. Catlett v. Bloyd, - W. Va. - , 99 S. E. 81.
2 Alderson v. Houston, 154 Cal. 1. 96 Pac. 884; Hunter v. Wenatchee Land Co., 50 Wash. 438, 97 Pac. 494.
3 Catlett v. Bloyd, - W. Va. - , 99 S. E. 81.
4 Alger-Fowler Co. v. Tracy, 98 Minn. 432, 107 X. W. 1124.
1 England. Frost v. Knight, L. R. 7 Exch. 111.
Georgia. Anderson v. Kirby, 125 Ga. 62, 114 Am. St. Pep. 185, 54 S. E. 197.
Iowa. Holloway v. Griffith, 32 la. 409, 7 Am. Rep. 208.
Maryland. Lewis v. Capman, 90 Md. 294, 47 L. R. A. 385, 45 Atl. 459.
Missouri. Trammel v. Vaughan, 158 Mo. 214, 81 Am. St. Rep. 302, 51 L. R. A. 854, 59 S. W. 79.
New York. Burtis v. Thompson, 42 N. Y. 24G, 1 Am. Rep. 516.
Washington. Johnson v. Blomdahl, 00 Wash. 625, 156 Pac. 561.
West Virginia. Connolly v. Bollinger, 67 W. Va. 30, 67 S. E. 71.
2 Frost v. Knight, L. R. 7 Exch. 111.
Cases of these two classes are analogous to the cases in which the English courts first recognized the doctrine of breach by renunciation in advance.4 In these cases there is a personal relation between the parties to the contract, stronger in the case of those who have agreed to intermarry and weaker in the case of those who have entered into a contract of employment or agency, which gives an interest in each case in having the existence of the con-tract recognized by both of the parties thereto from the time that the contract is made to the time at which it is to be performed.