122 Eng. Rep. 309 (K.B. 1863)
Def. Lessor
Legal Issue:
In a k that is entered into for the lease of property, where the performance depends on the implied ongoing existence of a specific person or chattel, is there an implied condition that the destruction of the subject matter rendering performance impossible may excuse the parties from executing their contractual obligation?
Relief Requested:
Plaintiffs sue to recover their expenditures for advertising and preparations for the concert on a breach of k theory.
Facts:
Plaintiff and Defendant entered into a k on May 27, 1861. The defendants agreed to allow plaintiffs to use Surrey Gardens and Music Hall for a series of four concerts. The plaintiffs agreed to pay the defendants 100 pounds for each day. Before the first day of the concerts, the Hall was destroyed by fire. It was no fault of either party.
Holding:
Because the music hall ceased to exist, through no fault of either party, both parties are excused from their contractual obligation. Specifically, from the plaintiffs using the gardens and defendants from performing their promise of renting the gardens.
Rule of Law:
In a k where performance depends on the ongoing existence of a specific person or chattel, there is an implied condition that the destruction of the subject matter rendering performance impossible may excuse the parties from executing their contractual obligations.
Notes:
Court states that Music Hall’s existence for the concerts were an essential part for the performance of the k.
When there is a positive k to do perform, contractor must perform or pay damages for not doing it, although in consequence for an unforeseen accident, the performance of the k has become burdensome or impossible to perform. -This rule only applies when the k is positive and absolute. -Not subject to any condition-implied or express.
Court discusses that figuring out the intention of the parties-leads to legal construction.