Citation. 122 Eng.Rep. 309 (1863).
Brief Fact Summary. Taylor (Plaintiff) sued Caldwell (Defendant) for breach of contract to rent out Defendant’s facility for four concert dates.
Synopsis of Rule of Law. A party’s duty, under a contract is discharged if performance of the contact involves particular goods, which without fault of either party are destroyed, rendering performance impossible.
Facts. Plaintiff and Defendant entered into a contract, in which, Defendant agreed to let the Plaintiff use The Surrey Gardens and Music Hall on four certain days. After the signing of the contract, but before the first contract, the concert hall was destroyed by fire. The destruction was without fault of either party and was so extensive that the concerts could not be given.
Issue. Whether the loss suffered by Plaintiffs, is recoverable from the Defendant?