In the Queen’s Bench
3 Best & S. 826 (1863)
Caldwell (defendant) owned The Surrey Gardens and Music Hall (hall) and agreed to rent it out to Taylor (plaintiff) for four separate days at a rate of one hundred pounds per day. The parties understood that Taylor wished to host a series of concerts at the hall, and their contract included provisions relating to the provision of concert supplies and equipment. After the contract was formed, but before the first concert, the hall was destroyed by fire. The destruction was such that Taylor could not host the concerts there as planned. Taylor brought suit against Caldwell to recover damages for the money spent advertising and preparing for the concerts.
Rule of Law
Holding and Reasoning (Blackburn, J.)
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