TABLE OF STATUTES CITED IN OPINIONS. PAGE 45 94 1794, June 5, 1 Stat. 376, c. 1794, June 5, 1 Stat. 384, c. 48 94 1789, Sept. 24, 1 Stat. 78, c. 20 268, 430, 435, 532 1791, Mar. 3, 1 Stat. 199, c. 15 94 1859, Feb. 28, 11 Stat. 388, c. 66 1792, May 8, 1 Stat. 267, c. 32 94 284, 287 1794, June 5, 1 Stat. 373, c. 1861, Aug. 5, 12 Stat. 293, c. 45 93 1862, July 1, 12 Stat. 433, c. 119 (A.) STATUTES OF THE UNITED STATES. PAGE 1856, June 26, 11 Stat. 22, c. 47 51 94 51, 68, 74, 148 517, 519 1864, July 2, 13 Stat. 356, c. 216 228 1865, Mar. 3, 13 Stat. 469, c. 78 148 1866, July 13, 14 Stat. 98, c. 184 51, 69 1866, July 24, 14 Stat. 221, c. 230 243 1866, July 27, 14 Stat. 292, c. 278 529, 530, 531, 532, 17 35, c. 1867, Mar. 2, 14 436, 437 Stat. 517, c. 176 50, 51, 56, 68 1864, June 30, 13 Stat. 306, c. 174 1799, Mar. 2, 1 Stat. 709, c. 24 518 1800, Apr. 3, 2 Stat. 45, c. 33 518 1802, Mar. 30, 2 Stat. 139, c. 13 283 1802, June 30, 2 Stat. 148, c. 50 1813, July 24, 3 Stat. 1813, July 24, 3 Stat. 1813, July 24, 3 Stat. 1813, July 24, 3 Stat. 1813, Aug. 2, 3 Stat. 1813, Aug. 2, 3 Stat. 1814, Dec. 15, 3 Stat. 148, c. 1814, Dec. 21, 3 Stat. 152, c. 1814, Dec. 23, 3 Stat. 159, c. 16 1815, Jan. 18, 3 Stat. 180, c. 22 1815, Jan. 18, 3 Stat. 186, c. 23 1815, Feb. 27, 3 Stat. 217, c. 61 1816, Apr. 19, 3 Stat. 291, c. 58 1834, June 30, 4 Stat. 729, c. 161 283, 284 1838, June 22, 5 Stat. 251, c. 99 484 1841, Aug. 19, 5 Stat. 446, c. 9 533, 534, 537 1841, Sept. 4, 5 Stat. 453, c. 16 484 1842, Aug. 26, 5 Stat. 534, c. 205 492 1846, Aug. 3, 9 Stat. 51, c. 78 492, 493 1848, July 17, 9 Stat. 246, c. 101 95 492, 493 1853, Mar. 3, 10 Stat. 258, c. 152 492, 493 247, 248, 249 1878, June 3, 20 Stat. 89, c. 151 478, 480, 482, 483, 484, 495 1880, May 14, 21 Stat. 140, c. 89 222 1884, May 17, 23 Stat. 24, c. 53 307 1885, Mar. 3, 23 Stat. 362, c. 341 285 1886, Aug. 5, 24 Stat. 310, c. 929 255 1887, Mar. 3, 24 Stat. 553, c. 373 238, 246, 247, 248, 251 1888, Aug. 13, 25 Stat. 434, c. 866 239, 246, 251, 269, 537 1890, Sept. 19, 26 Stat. 426, c. 907 253, 254, 257, 258, 260, 261 xix CASES ADJUDGED IN THE SUPREME COURT OF THE UNITED STATES, AT OCTOBER TERM, 1899, ROEHM v. HORST. CERTIORARI TO THE COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 188. Argued March 15, 16, 1900.- Decided May 14, 1900. After a careful review of all the cases, American and English, relating to anticipatory breaches of an executory contract, by a refusal on the part of one party to it to perform it, the court holds that the rule laid down in Hochster v. De la Tour, 2 El. & Bl. 678, is a reasonable and proper rule to be applied in this case. That rule is that after the renunciation of a continuing agreement by one party, the other party is at liberty to consider himself absolved from any future performance of it, retaining his right to sue for any damages he has suffered from the breach of it; but that an option should be allowed to the injured party, either to sue immediately, or to wait till the time when the act was to be done, still holding it as prospectively binding for the exercise of this option. The parties to a contract which is wholly executory have a right to the maintenance of the contractual relations up to the time for performance, as well as to a performance of the contract when due. As to the question of damages, when the action is not premature, the plaintiff is entitled to compensation based, as far as possible, on the ascertainment of what he would have suffered by the continued breach of the other party down to the time of complete performance, less any abatement by reason of circumstances of which he ought reasonably to have availed himself. THIS was an action for breach of four certain contracts, brought (1) VOL. CLXXVIII-1 |