Planche v Colburn and Another
| Jurisdiction | England & Wales |
| Judgment Date | 05 November 1831 |
| Date | 05 November 1831 |
| Court | Court of Common Pleas |
English Reports Citation: 131 E.R. 305
IN THE COMMON PLEAS.
S. C. 1 Moo. & S. 51; 1 L. J. C. P. 7; at Nisi Prius, 5 Car. & P. 58. Discussed, Prickett v. Badger, 1856, 1 C. B, (N. S) 304. Adopted Inchbald v. Western Neilgherry coffee Company, 1864, 17 C, B, (N. S.) 740; Panama and South Pacific Telefraph Company v. Indi rubber, Gutt Percha and Telegraph Works Company, 1875, L. R 10Ch. 532.
planche v. colburn and another. Nov. 5, 1831. [S. 0. 1 Moo. & S. 51; 1 L. J. C. P. 7 : at Nisi Prius, 5 Car. & P. 58. Discussed, Prickett v. Badger, 1856, 1 C. B. (N. S.) 304. Adopted, InMald v. Western Neilgherry Coffee Company, 1864, 17 C. B. (N. S.) 740; Panama and South Pacific Telegraph Company v. India-rubber, Gutta-percha and Telegraph Works Company, 1875, L. E. 10 Ch. 532.] Defendants engaged Plaintiff to write a treatise for a periodical publication. Plaintiff commenced the treatise, but before he had completed it, the Defendants abandoned the periodical publication : Held, that Plaintiff might sue for compensation, without tendering or delivering the treatise. The Defendants had commenced a periodical publication, under the name of "The Juvenile Library," and had engaged the Plaintiff to write for it a volume upon Costume and Ancient Armour. The declaration stated, that the Defendant had engaged the Plaintiff for 1001. to write this work for publication in "The Juvenile Library;" and alleged for breach, that though the author wrote a part, and was ready and willing to complete and deliver the whole for insertion in that publication, yet that the Defendants would not publish it there, and refused to pay the Plaintiff the sum of 1001., which they had previously agreed he should receive. There were then the common counts for work and labour. At the trial before Tindal C. J., Middlesex sittings after last term, it appeared that the Plaintiff, after entering into the engagement stated in the declaration, commenced and completed a considerable portion of the work; performed a journey to inspect a collection of ancient armour, and made drawings therefrom; but never tendered or delivered his performance to the Defendants, they having finally abandoned the publication of " The Juvenile Library," upon the ill success of the early numbers of the work. An attempt was made [15] to shew that the Plaintiff had entered into a new contract. The Chief Justice left it to the jury to say, whether the work had been abandoned by the Defendants...
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