It was no fault of either party. Specifically, from the plaintiffs using the gardens and defendants from performing their promise of renting the gardens. 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. 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.
Court discusses that figuring out the intention of the parties-leads to legal construction.