''Kingston v Preston'' (1773) 2 Doug KB 689 is an
English contract law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries ...
case, concerning the right to withhold performance for a contract.
Facts
Kingston, a silk-mercer, sued Preston, a business owner for failing to convey the business to Kingston and his nephew after Kingston served for a year and a quarter. They had agreed Preston would convey the stock in trade over a period of time, in return for Kingston providing security. But Kingston never provided the security. Kingston sued.
Judgment
Lord Mansfield
William Murray, 1st Earl of Mansfield, PC, SL (2 March 170520 March 1793) was a British barrister, politician and judge noted for his reform of English law. Born to Scottish nobility, he was educated in Perth, Scotland, before moving to Lond ...
held that because the security was a condition precedent to Preston’s performance, Preston had been entitled to withhold conveyance. Lord Mansfield gave a judgment which was recorded as follows:
[2 Douglas 690-1. 99 Eng. Rep. 437-8]
See also
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United Kingdom enterprise law
United Kingdom enterprise law concerns the ownership and regulation of organisations producing goods and services in the UK, European and international economy. Private enterprises are usually incorporated under the Companies Act 2006, regulated ...
Notes
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References
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United Kingdom enterprise case law