ABSTRACT

Taylor v Caldwell (1863) 3 B & S 826; 122 ER 573, QB, p 577 Blackburn J: The parties inaccurately call this a ‘letting’ and the money to be paid a ‘rent’; but the whole agreement is such as to shew that the defendants were to retain the possession of the hall and gardens so that there was to be no demise of them, and that the contract was merely to give the plaintiffs the use of them on those days. Nothing however, in our opinion, depends on this. The agreement then proceeds to set out various stipulations between the parties as to what each was to supply for these concerts and entertainments, and as to the manner in which they should be carried on. The effect of the whole is to shew that the existence of the music hall in the Surrey Gardens in a state fit for a concert was essential for the fulfilment of the contract – such entertainments as the parties contemplated in their agreement could not be given without it.