This section contains the nature of the case and procedural background.

Hathaway (P) contracted with Sabin (D) for a concert in the Blancard Opera House. Because of a snowstorm, D assumed that it would be impossible to hold the concert that night and did not prepare the hall. P arrived at the hall prepared to perform, and D refused to supply the hall. As part of the contract, P was due $75 at the end of his performance. P sued D for the $75. P won the verdict and D appealed.

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