Taylor v Caldwell (1863) 3 B & S 826; 122 ER 309 (QB)
In this case the defendants had entered into a contract on May 27, 1861, by which the defendants (Caldwell) agreed to let the plaintiffs (Taylor) have use of the Surrey Gardens and Music Hall on four future days, these being June 17th, July 15th, August 5th and August 19th. The Hall was to be used to host a series of four grand concerts and day and night fetes at the Gardens and Hall and the plaintiffs agreed to take the Gardens and Hall on those days, and pay £100 per day.
After the making of the agreement, on June 11th, 6 days before the first day of the events, the Hall was destroyed by fire. This destruction was without the fault of either party and was so complete that in consequence, the concerts could not be given as intended.