Opera Co. Of Boston, Inc. v. Wolf Trap Foundation For The Performing Arts

817 F.2d 1094 (4th Cir. 1987)

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Nature Of The Case

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

Facts

Wolf Trap (D) contracted with the Opera Company (P) for four performances of an opera, at a specified sum. D was obligated to provide the necessary facilities and lighting. Before the last performance, an electrical storm struck a power line and left the entire area without power. D recommended that the last performance be canceled for safety reasons. D never paid P for the last performance. P sued to recover payment for the last performance. The District Court rejected D's impossibility defense on the grounds that the occurrence of the storm was foreseeable. That court made a judgment for P. D appealed.

Issues

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Holding & Decision

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Legal Analysis

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