Advertising contractor agreed with garage proprietor
to display ads in his garage.
On same day, garage proprietor refused to perform agreement.
Advertising contractor elected to treat contract as
Displayed ads and sued for full amount due.
Garage proprietor contended that as he had renounced agreement
before anything done under it, plaintiff not entitled to carry out agreement
and sue for price.
House of Lords rejected this contention and held plaintiff
entitled to full contract sum.
[Case was criticised – encourages wasteful performance
and is inconsistent with mitigation rule]