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

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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.