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- 122 Eng. Rep. 309
Contributed by Jawshu
The plaintiff rented out the defendant’s music venue for a concert series, but the venue burned down before the first concert. Both parties were excused from their obligations under the contract.
Issue
Are the parties to a contract excused from performance if performance becomes impossible through no fault of either party?
Conclusion
Yes – the possibility of performance is an implied condition to a contract, so impossibility will excuse both parties. Since the music hall was essential to the contract and neither party was responsible for its destruction, performance is excused.
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Rule
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.
Analysis
Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum
Facts
- Taylor (plaintiff) sued Caldwell (defendant) for damages after Caldwell’s music venue burned down and Taylor could no longer use it as planned. The two parties entered into a contract on May 27, 1861, whereby Taylor would rent Caldwell’s music venue, the Surrey Gardens and Music Hall, to put on four concerts in June, July, and August of that year. Before the first concert could be held, the venue was destroyed by a fire. The parties made no express stipulation in the contract regarding the possibility of such a disaster.
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Holding
- Hey! This is the holding for Pennoyer v. Neff. It probably isn't the holding for the brief you're looking at. Join LSD+ for full access.
- A named property within the court's jurisdiction is attached to satisfy an unrelated claim, despite the owner of said property being a non-resident of the state.
- A named property within the court's jurisdiction is attached as the basis for the suit (e.g., to quiet title), despite the owner of said property being a non-resident of the state.
- An individual is sued who is a resident of the state, or who has been served with process while physically located within the state.
- jurisdiction - Neff is neither a resident, nor was served while within the state. Service by publication may be valid for an
- proceeding, where the owner would be made aware of the suit due to their property being seized, but not for
- jurisdiction - the action was on the basis of a suit to receive payment owed, and did not relate directly to a property within the state.
- jurisdiction, as the Oregon property was not attached to the initial suit, but rather was added in after the suit happened - note that Neff did not even purchase the property until after the suit had concluded.
- Accordingly, the Oregon court did not have jurisdiction over the initial suit between Neff and his lawyer.
- Enforcement of a judgment without jurisdiction denies due process!
- Additionally, although judgments rendered by other states are entitled to full faith and credit, if that state did not have jurisdiction to render the judgment, it loses such entitlement.
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