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

Caldwell (D) agreed to let the Musical Hall at Newington to Taylor (P) for four days for 100 pounds per day. The purpose was for the giving of a series of four grand concerts. The parties inaccurately called this a letting and the money paid to be rent but D was to retain possession, and that contract was merely to give P the use of it on the days in question. The contract stated that the Hall must be fit for a concert. On the making of the agreement and before the first day on which the concert was to be given, the Hall was destroyed by fire. Neither party to the contract was at fault. The destruction was so complete that the concerts could not be given. P sued for breach of contract. P wanted reimbursement for costs seeing that the concerts were made impossible. The issue then was whether the loss which Ps have sustained is to fall upon D. When the parties made their agreement, there was no express stipulation with reference to any disasters.

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