ABSTRACT
Facts: On 27 May 1861, the plaintiffs entered into a contract by which the defendants agreed to let the plaintiffs have the use of the Surrey Gardens and music hall on 17 June, 16 July, 5 August and 17 August, for the purpose of giving a series of four concerts. After the making of the agreement, but before the fi rst day on which a concert was to be given, the music hall was destroyed by fi re. The fi re was not due to the fault of either party but the damage caused was so extensive that the concerts could not go ahead as intended. The plaintiffs brought a claim against the defendants for breach of contract in failing to supply the hall.
