Express Company v. Kountze Brothers was a case heard by the United States Supreme Court in 1869. The case involved a dispute between the Express Company and the Kountze Brothers over a contract for the transportation of goods. The Express Company had contracted with the Kountze Brothers to transport goods from one place to another. The Kountze Brothers refused to fulfill the contract, claiming that the Express Company had not paid them for the services. The Express Company then sued the Kountze Brothers for breach of contract. The Supreme Court ruled in favor of the Express Company, finding that the Kountze Brothers had breached the contract and were liable for damages. The Court held that the Kountze Brothers had a duty to fulfill the contract and that they had failed to do so. The Court also held that the Express Company was entitled to damages for the breach of contract. The Court's decision in Express Company v. Kountze Brothers established the principle that parties to a contract must fulfill their obligations under the contract or face legal consequences. The decision also established the principle that parties to a contract are entitled to damages for a breach of contract. This case is still cited today as an important precedent in contract law.

In Express Company v. Kountze Brothers, the Supreme Court was tasked with determining whether a contract between an express company and two brothers for the transportation of goods was valid. The majority opinion held that it was not because there had been no consideration given by either party to make it binding. However, in his dissenting opinion Justice Field argued that while there may have been no monetary consideration exchanged, both parties still provided something of value: the express company gave its services and the brothers promised to pay for them at some point in time. Therefore, he concluded that this constituted sufficient consideration to render their agreement legally enforceable under existing law.