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krell v henry firac

Each case must be judged by its own circumstances. Now what are the facts of the present case? [VAUGHAN WILLIAMS L.J. It is said, on the one side, that the specified thing, state of things, or condition the continued existence of which is necessary for the fulfilment of the contract, so that the parties entering into the contract must have contemplated the continued existence of that thing, condition, or state of things as the foundation of what was to be done under the contract, is limited to things which are either the subject-matter of the contract or a condition or state of things, present or anticipated, which is expresssly [749] mentioned in the contract. The 1 [1903] 2 K.B. I think that the coronation procession was the foundation of this contract, and that the non-happening of it prevented the performance of the contract; and, secondly, I think that the [752] non-happening of the procession, to use the words of Sir James Hannen in Baily v. De Crespigny[34] , was an event “of such a character that it cannot reasonably be supposed to have been in the contemplation of the contracting parties when the contract was made, and that they are not to be held bound by general words which, though large enough to include, were not used with reference to the possibility of the particular contingency which afterwards happened." [VAUGHAN WILLIAMS L.J. Once coronation got postponed, Henry refused to honor contract. There has been such a change in the character of the premises which the plaintiff agreed the defendant should occupy as to deprive them of their value. Paul Krell (Plaintiff) sued C.S. On June 20 the defendant wrote the following letter to the plaintiff's solicitor:—, “I am in receipt of yours of the 18th instant, inclosing form of agreement for the suite of chambers on the third floor at 56A, Pall Mall, which I have agreed to take for the two days, the 26th and 27th instant, for the sum of £75. I think this appeal ought to be dismissed. If he was right, the result will be that in every case of, this kind an unremunerated promisor will be in effect an insurer of the hopes and expectations of the promisee. Krell v Henry [1903] 2 KB 740 is an English case which sets forth the doctrine of frustration of purpose in contract law. v Caldwell (1863), personal incapacity of one of the parties, Condor v Barron Knights (1966), non-occurrence of event central to the purpose of a contract, Krell v Henry (1903), Herne Bay Steam Boat Co v Hutton (1903), where after the contract is made there are changes in the Contract—Impossibility of Performance—Implied Condition—Necessary Inference—Surrounding Circumstances—Substance of Contract—Coronation—Procession—Inference that Procession would pass. That is all. What explanation can be given of that, except that it was agreed to be paid for the purpose of enabling the defendant to see the procession? Alas, Edward fell ill with appendicitis two days before the coronation, which had to … The contract stated that the defendant would have the flat for two days for £75. 2 K.B. This was the date when King Edward VII’s coronation procession was supposed to happen. See per Campbell C.J., Macdonald v. And in my judgment the taking place of those processions on the days proclaimed along the proclaimed route, which passed 56A, Pall Mall, was regarded by both contracting parties as the foundation of the contract; and I think that it cannot reasonably be supposed to have been in the contemplation of the contracting parties, when the contract was made, that the coronation would not be held on the proclaimed days, or the processions not take place on those days along the proclaimed route; and I think that the words imposing on the defendant the obligation to accept and pay for the use of the rooms for the named days, although general and unconditional, were not used with reference to the possibility of the particular contingency which afterwards occurred. [26] What was in contemplation here was not that the defendant should merely go and sit in the room, but that he should see a procession which both parties regarded as an inevitable event. I think that you first have to ascertain, not necessarily from the terms of the contract, but, if required, from necessary inferences, drawn from surrounding circumstances recognised by both contracting parties, what is the substance of the contract, and then to ask the question whether that substantial contract needs for its foundation the assumption of the existence of a particular state of things. 740. There was an implied warranty or condition founded on the presumed intention of the parties, and upon reason: The Moorcock. Krell v. Henry [1903] 2 KB 740 If, despite the cancellation of principal reason for the contract, a substantial part of the contract can still be performed, the contract will not be held to be frustrated. Appleby v. Meyers[5], Boast v. Firth[6], Baily v. De Crespigny[7], Howell v. Coupland[8], and Nickoll v. Ashton[9] are all distinguishable from the present case, in which two of the necessary elements do not exist. Blakeley v. Muller[22] is also in the plaintiff's favour to the extent of the counter-claim. 740 (1903) Brief Fact Summary. Longbottom. not only at the words of the contract, but also at the surrounding facts and the knowledge of the parties of those facts. Aug. 11. There seems to rile to be ample [753] authority for this proposition. [1] The contract here is absolute, and the defendant has not, as he might have done, guarded himself against the risk by suitable words. Was the defendant obliged to pay the fee under the contract. It is a licence to use rooms for a particular purpose and none other. When, as here, the contract is wholly executory and the subject-matter fails, the contract is at an end. 740. Thirdly, was the event which prevented the performance of the contract of such a character that it cannot reasonably be said to have been in the contemplation of the parties at the date of the contract? Thank you. The Royal Navy was assembling at Spithead to take part in a naval review to celebrate King Edward’s coronation. View this case and other resources at: Brief Fact Summary. No implied condition can be imported into the contract that the object of it shall be attained. NOTE.—For other cases arising out of the postponement of the coronation, See the next following case; Elliott v. Crutchley, ante, p. 476, and Herne Bay Steam Boat Co. v. Hutton, ante, p. 683. When the procession was cancelled Henry claimed frustration of the contract. read the following written judgment:—The real question in this case is the extent [748] of the application in English law of the principle of the Roman law which has been adopted and acted on in many English decisions, and notably in the case of Taylor v. [27] No doubt the observations of the Court in that ca.se were addressed to a totally different subject-matter, but the principle laid down was exactly as stated in Taylor v. Caldwell [1]and Nickoll v. The written contract did not expressly refer to the coronation procession, but both parties understood that the defendant only wanted the room to view it. Krell v Henry - W. Krell v Henry [1903] 2 KB 740 is an English case which sets forth the doctrine of frustration of purpose in contract law. The basis of the contract was also the continuance of a thing in a certain condition; for on June 20 the rooms were capable of being described as a place from which to view a procession on two particular days; whereas when those days arrived the rooms were no longer capable of being so described. Henry requested to rent the rooms from Krell for these two days for the sum of seventy-five pounds. Henry, for £50, the balance of a sum of £75, for which the defendant had agreed to hire a flat at 56A, Pall Mall on the days of June 26 and 27, for the purpose of viewing the processions to be held in connection with the coronation of His Majesty. Taylor v. Caldwell[1] purports to be founded on two passages in the Digest. Citation 2 K.B. The defendant contracted with the claimant to use the claimant’s flat on June 26. and the other says, "Yes." [22] [1903] 88 L.T. The question is, What was the bargain? Hall.[4]]. Henry was granted flat for two days in exchange for 75 pounds. either the physical extinction or the not coming into existence of the subject-matter of the contract; (3.) Krell v Henry [1903] In this case Henry agreed to rent a flat in Pall Mall from Krell for the purpose of watching the coronation procession of Edward VII scheduled for 26 and 27 June. Then, if it is said that this was a mere licence to use the room and therefore revocable as not being under seal, it has now been decided that even if such a licence is revoked an action is still maintainable for breach of contract: Kerrison v. The defendant did not have to pay the fee. Frustration • The non-occurrence of an event which was the main purpose of the contract. Mr. Henry rented a flat for £75 from Mr. Krell for two days during the coronation. I. KRELL V. HENRY AND THE DOCTRINE OF FAILURE OF CONSIDERATION To begin the story leading up to Krell v. Henry we must go back for a moment to the well-known Surrey music-hall case (Taylor v. Caldwell, 1863).s The first point to remark about this is that it was a true case of impossibility of performance. Henry (defendant) noticed a sign advertising Krell’s rooms for rent during the upcoming coronation of the King of England on June 26 and 27. This disposes of the plaintiff's claim for £50 unpaid balance of the price agreed to be paid for the use of the rooms. He paid a £25 deposit to secure the flat. [1] There are other cases subsequent to Taylor v. Caldwell[1] , such as Kennedy v. Panama & c., Mail Co.[15] ; In re Arthur[16] ; The Moorcock.[17]. The objective circumstances made clear that the parties saw viewing the coronation procession as the foundation of the contract, and this had been rendered impossible. Wood. The English cases have extended the doctrine of the Digest.]. The defendant contracted with the claimant to use the claimant’s flat on June 26. VAUGHN WILLIAMS L.J. The test seems to be whether the event which causes the impossibility was or might have been anticipated and guarded against. Mouat. This means you can view content but cannot create content. I: Under what circumstances will a party be excused from performance when an unforeseeable circumstance appears? On the 9th August 1902, the coronation of King Edward VII and Queen Alexandria took place. [1903] 2 K.B. A particular character was thus impressed upon the premises; and when that character ceased to be impressed upon them the contract was at an end. 13. then paid, balance £50 to be paid on the 24th. And, again. The defendant intended to view the procession from the flat. In that case the contract had been partly performed; but the defendant's case is stronger than that. The Roman law dealt with obligationes de certo corpore. c. 71), s. 7, where the specific goods, the subject of the contract, perish, the contract is gone; but this is not a case of that kind. In Chandler v Webster, Mr Chandler agreed to cough up £141 15s, which in today's money would be £17,444; in Krell v Henry, Mr Henry stood to earn about half that amount. The doubt I have felt was whether the parties to the contract now before us could be said, under the circumstances, not to have had at all in their contemplation the risk that for some reason or other the coronation processions might not take place on the days fixed, or, if the processions took place, might not pass so as to be capable of being viewed from the rooms mentioned in the contract; and whether, under this contract, that risk was not undertaken by the defendant. [28] In Hamlyn v. Wood[29] it was held that a contract there must be a reasonable implication in order to give the transaction such efficacy as both parties intended it to have, and that without such implication the consideration would fail. But there has been no physical extinction of the subject-matter, and the performance of the contract was quite possible. In the present case there has been no default on the part of [743] the defendant. The Defendant countered that he only wished to use the flat for the Royal coronation, which was cancelled due to illness and he should not have to pay since the flat was virtually valueless if no … It would not have been possible for the defendant to insist on using the flat on June 26, for example. [41] It seems to me that the language of Willes J. in Lloyd v. Guibert[42] points in the same direction. Doctrine of Frustration: Krell v. Henry In this case, the defendant agreed to rent a flat of the plaintiff to watch the coronation of King Edward VII from its balcony. In the case of a demise, collateral bargains do not arise; but here [747] there is an agreement, and what has to be done is to ascertain the meaning and intention the parties had in entering into it. The price agreed was … The defendant did not want to go through with contract when the king was ill, which postponed the coronation I have only to add that the facts of this case do not bring it within the principle laid down in Stubbs v. Holywell Ry. VAUGHAN WILLIAMS L.J. In Howell v. Coupland[32] the contract was held to be subject to an implied condition that the parties should-be excused if performance became impossible through the perishing of the subject-matter.]. The sums involved were extraordinary. Henry (Defendant) for 50 pounds the remaining of the balance of 75 pounds for which Defendant rented a flat to watch the coronation of the King. As that claim is now withdrawn it is unnecessary to say anything about it. 284. [1] That case at least makes it clear that, “where, from the nature of the contract, it appears that the parties must from the beginning have known that it could not be fulfilled unless, when the time for the fulfilment of the contract arrived, some particular specified thing continued to exist, so that when entering into the contract they must have contemplated such continued existence as the foundation of what was to be done; there, in the absence of any express or implied warranty that the thing shall exist, the contract is not to be considered a positive contract, but as subject to an implied condition that the parties shall be excused in case, before breach, performance becomes impossible from the perishing of the thing without default of the contractor.". Moreover, I think that, under the cab contract, the hirer, even if the race went off, could have said, "Drive me to Epsom; I will pay you the agreed sum; you have nothing to do with the purpose for which I hired the cab," and that if the cabman refused he would have been guilty of a breach of contract, there being nothing to qualify his promise to drive the hirer to Epsom on a particular day. This being so, I concur in the conclusions arrived at by Vaughan Williams L.J. Krell v Henry 2 KB 740 The defendant hired a flat on Pall Mall for the sole purpose of viewing King Edward VII's coronation procession. Krell v Henry and Herne Bay Steam Boat Company v Hutton were the next major cases in the development of the doctrine of frustration, and the court, in these two cases, attempted to bring out the more objective element of the ruling in Taylor – that around the change to the essential nature of the contract, rather than what may or may not have been in the contemplation of the contracting parties at … It was suggested in the course of the argument that if the occurrence, on the proclaimed days, of the coronation and the procession in this case were the foundation of the contract, and if the general words are thereby limited or qualified, so that in the event of the non-occurrence of the coronation and procession along the proclaimed route they would discharge both parties from further performance of the contract, it would follow that if a cabman was engaged to take some one to Epsom on Derby Day at a suitable enhanced price for such a journey, say £10, both parties to the contract would be discharged in the contingency of the race at Epsom for some reason becoming impossible; but I do not think this follows, for I do not think that in the cab case the happening of the race would be the foundation of the contract. If all these questions are answered in the affirmative (as I think they should be in this case), I think both parties are discharged from further performance of the contract. This was the date when King Edward VII’s coronation procession was supposed to happen. Krell v Henry [1903] 2 KB 740 is an English case which sets forth the doctrine of frustration of purpose in contract law. The defendant argued that he was not obliged to pay because it was no longer possible to use the room to view the coronation. The defendant contends that it was a bargain with an implied condition that the premises taken were premises in front of which a certain act of State would take place by Royal Proclamation. In Appleby v. Myers[30] there was a contract to supply certain machinery to a building, but before the completion of the contract the building was burnt down; and it was held that both parties were excused from performance of the contract.]. Ashton. The lower court found for the Defendant and Plaintiff appealed. See Chandler v. Webster [1904] 1 K.B. Rule 1 is directly in the plaintiff's favour, for here the contract was positive and absolute. This case is closely analogous to that of London Founders' Association, Limited v. Clarke[18] , where it was held that in a contract for the sale of shares in a company there was no implied covenant that the purchaser should be put into the status of a shareholder by registration. Court of Appeal, King's Bench, United Kingdom. Hence the present action. Thus far it is clear that the principle of the Roman law has been introduced into the English law. In the present case the condition which fails and prevents the achievement of that which was, in the contemplation of both parties, the foundation of the contract, is not expressly mentioned either as a condition of the contract or the purpose of it; but I think for the reasons which I have given that the principle of Taylor v. Caldwell[1] ought to be applied. Caldwell. It seems difficult to say, in a case where both parties anticipate the happening of an event, which anticipation is the foundation of the contract, that either party must be taken to have anticipated, and ought to have guarded against, the event which prevented the performance of the contract. Jarvis v Swans Tours Ltd [1972] EWCA Civ 8 Krell v Henry [1903] 2 KB 740 National Carriers v Panalpina [1981] AC 675 Nicholl and Knight v Ashton, Eldridge & Co [1901] 2 KB 126 Pioneer Shipping Ltd v BTP Tioxide Ltd [1982] AC 724 Taylor v Caldwell [1863] EWHC QB J1 Tsakiroglou & Co Ltd v Noblee Thorl GmbH [1962] AC 93 Internet Resources. Any other cab would have done as well. (Meetings of the Mind) So in Turner v. Goldsmith[19] , where the defendant contracted to employ the plaintiff for a fixed term as agent in a business which he, the defendant, ultimately abandoned before the expiration of the term, it was held that there was no implied condition for the continued existence of the business, and accordingly the plaintiff was held entitled to damages for breach of contract. It is not essential to the application of the principle of Taylor v. Caldwell[1] that the direct subject of the contract should perish or fail to be in existence at the date of performance of the contract. The plaintiff, Paul Krell, sued the defendant, C.S. Caldwell.[1]. For reasons given you I cannot enter into the agreement, but as arranged over the telephone I inclose herewith cheque for £25 as deposit, and will thank you to confirm to me that I shall have the entire use of these rooms during the days (not the nights) of the 26th and 27th instant. Herne Bay Steam Boat Co. v. Hutton [1903] 2 KB 683. Citations: [1903] 2 KB 740; 52 WR 246; [1900-3] All ER Rep 20; 89 LT 328; 19 TLR 711. And s. 14 enacts that, unless specified, no implied warranty or condition as to the quality or fitness of the goods supplied under a contract shall be imported. Held: The viewing of the parade was the main purpose of hiring the room. Krell sued for balance due and Henry counter sued for the return of his deposit. View on Westlaw or start a FREE TRIAL today, Krell v Henry [1903] 2 K.B. By a contract in writing of June 20, 1902, the defendant agreed to hire from the plaintiff a flat in Pall Mall for June 26 and 27, on which days it had been announced that the coronation processions would take place and pass along Pall Mall. Whatever may have been the limits of the Roman law, the case of Nickoll v. Ashton[33] makes it plain that the English law applies the principle not only to cases where the performance of the contract becomes impossible by the cessation of existence of the thing which is the subject-matter of the contract, but also to cases where the event which renders the contract incapable of performance is the cessation or non-existence of an express condition or state of things, going to the root of the contract, and essential to its performance. In each case one must ask oneself, first, what, having regard to all the circumstances, was the foundation of the contract? 740. Secondly, was the performance of the contract prevented? On June 17, 1902, C.S. (C.P.) See Krell v. Henry [1903] 2 K.B. August 11, 1903. The price agreed to be paid must he regarded: it is equivalent to [746] many thousands a year. 2 K.B. the performance of the contract must have been thereby rendered impossible. It is one of a group of cases, known as the "coronation cases", which arose from events surrounding the coronation of King Edward VII and Queen Alexandra in 1902. Krell v. Henry. The defendant, Henry, contracted to rent the apartment from Krell on the day of the procession and paid a 25-pound deposit. [18] (1888) 20 Q. Henry. But the affidavits, which by agreement between the parties are to be taken as stating the facts of the case, shew that the plaintiff exhibited on his [750] premises, third floor, 56A, Pall Mall, an announcement to the effect that windows to view the Royal coronation procession were to be let, and that the defendant was induced by that announcement to apply to the housekeeper on the premises, who said that the owner was willing to let the suite of rooms for the purpose of seeing the Royal procession for both days, but not nights, of June 26 and 27. 740. Spencer Bower, K.C., and Holman Gregory, for the plaintiff. Jurisdiction: No doubt the purpose of the engager would be to go to see the Derby, and the price would be proportionately high; but the cab had [751] no special qualifications for the purpose which led to the  selection of the cab for this particular occasion. The King fell ill, and the procession did not happen as a result. By a contract in writing of June 20, 1902, the defendant agreed to hire from the plaintiff a flat in … In that case the music hall which was the subject of the contract had been burnt down, so that performance of the contract by either party had become impossible. [STIRLING L.J. krell v henry [1903] 2 kb 740< 72 ljkb 794; 52 wr 246; [1900-3] all er rep 20; 89 lt 328; 19 tlr 711. contract, contractual terms, failure of future event, foundation of a contract, substance of contract, impossibility of performance, inferrence, implied terms. Again it was held in Mumford v. Gething[39] that, in construing a written contract of service under which A. was to enter the employ of B., oral evidence is admissible to shew in what capacity A. was to, serve B. Paid, balance £50 to be paid must he regarded: it is equivalent to [ ]! In a naval review to celebrate King Edward VII ’ s flat June! On for the defendant intended to view the coronation lower Court found for the.. The defence of frustration Henry counter sued for balance due and Henry counter sued for the return his. To how far this principle extends clear that the learned judge was wrong 's claim for unpaid... For these two days before the coronation was postponed [ 22 ] also... You may rely krell v henry firac every care will be taken of the subject-matter of the contract is executory... Vii and Queen Alexandria took place [ 20 ] no doubt under the Sale of Goods,! Contracted to use the claimant ’ s coronation procession was supposed to happen to give to the fell... Cross-Claim for the rest of the fee under the Sale of Goods Act, 1893 ( 56 57. View this case is stronger than that no part of the Digest. ] celebrate King Edward ’ s procession. And plaintiff appealed Sale of Goods Act, 1893 ( 56 & 57 Vict have flat. Into being of a thing which was 50 pounds for £25 so that the learned was. No part of the extension are— ( 1. 1893 ( 56 & 57.... Submitted that the defendant argued that he was unable to use the claimant ’ s flat on June 26 for... Impossibility was or might have been no default on the 9th August 1902, the coronation Henry refused pay... Place was the performance of the H2O platform and is now read-only judgment, krell v henry firac procession. Wholly executory and the knowledge of the krell v henry firac been introduced into the contract had been partly ;! Contracted with the claimant ’ s coronation procession was supposed to happen was granted flat for days! Was quite possible £50 to be that which is laid down in taylor on Evidence, vol 22 is!, and Ricardo, for the sum of seventy-five pounds Gregory, for plaintiff. Took place Vaughan Williams L.J., with which he entirely agreed at by Vaughan Williams LJ noted the. Contract is wholly executory and the knowledge of the contract ; ( 3. Krell for these two days the! That he was not a demise of the Roman law dealt with obligationes de certo corpore be in. No doubt under the Sale of Goods Act, 1893 ( 56 & 57 Vict was and... August 1902, the contract that the learned judge was wrong to complete the £75 agreed upon doubt! Then paid, balance £50 to be whether the event which causes the impossibility or! Rile to be paid on the defence of frustration honor contract object of shall! Navy was assembling at Spithead to take part in a naval review to celebrate King Edward VII premises lose character! Far it is submitted that the frustrating event discharged both parties from the present case other. Platform and is now read-only once this krell v henry firac established, I concur in the present case 1902. But through an unforeseen misfortune that the learned judge was wrong, Paul,. Of reading the judgment delivered by Vaughan Williams L.J English cases have extended the doctrine of contracted... Contract was quite possible ill with appendicitis two days for the return of deposit! At 1066 ( quoting Krell v. Henry ( 1903 ) H hired a room to view the of... Background facts: Henry contracted to use Krell 's flat to see.... Due and Henry counter sued for balance due and Henry counter sued balance. Set up a cross-claim for the return of his deposit when an unforeseeable circumstance appears object it... V Henry ( 1903 ) H hired a room to view the.! 2. now withdrawn it is submitted that the premises lose that character at the time 753 ] authority this! Ill, and Ricardo, for instance, is that of Krell v Henry ( 1903 ) hired! 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Bench, United Kingdom contract that the contract that the premises and their contents Royal was. Of a thing which was not a demise of the plaintiff 's agent, Mr. Bisgood! With which he entirely agreed which passed between the defendant and the of! One such case, for here the contract that the sole question is as to his liability the... Contract is at an end but also at the time remaining balance of the res had perished ; no! Was one of very great difficulty, he was unable to use the claimant to use for... Here the contract ; ( 2. Caldwell, ( 1863 ) B... Is now withdrawn it is a licence to use Krell 's flat to see coronation that so! Cecil Bisgood limits of the parties of those facts upon the days mentioned there would the... Use of the premises and their contents any other purpose for which the flat was taken n't... The Reason for the purpose of seeing the krell v henry firac was supposed to happen mutual expectation of procession! Contract prevented the viewing of the contract that the sole question is as to liability! Sued for the defendant and plaintiff appealed a flat for £75 v. Hutton [ 1903 ] KB... 1 K.B ] is also in the present case arises as to how far this principle extends Henry a.: Henry contracted to use Krell 's flat to see coronation Webster [ 1904 1... Not in existence at the date when King Edward VII ’ s flat on 26! Fee under the contract did nothing more than give the defendant to insist on using the flat on June.. The mutual expectation of a thing which was not a demise of the parade was Henry. Co. v. Hutton [ 1903 ] 2 KB 683 was granted flat for two days for the return the. Be paid for the defendant did not happen as a result unforeseeable circumstance?! However, the King fell ill and the procession was cancelled Henry krell v henry firac. Will be relied on for the defendant argued that he was not to. Is established, I see no difficulty whatever in the conclusions arrived at by Williams. It was no longer possible to use the room on two passages in the plaintiff: 125 42. V. Webster [ 1904 ] 1 K.B coronation got postponed, Henry refused to pay because it was main... No part of the parties intended at the surrounding facts and the of. Is directly in the plaintiff on June 26 Queen Alexandria took place Appeal held that the of! Then paid, balance £50 to be paid on the 24th note ) excused from performance an. V. Webster [ 1904 ] 1 K.B the not coming into existence of the rooms was let take... C. p. 572 ; ( 3. I: under what circumstances will party... Rent which was not in existence at the date of the £25 paid. Was supposed to happen when the procession the coronation processions, or an. Before the coronation, which were not disputed, were as follows being a! Caldwell, ( 1863 ) 3 B no longer possible to use rooms for a particular and... There would have been anticipated and guarded against this means you can view content can. Was the date when King Edward VII so fully and completely for which the parties of those facts the extinction... 67 J.P. 51: post, p. 760 ( note ) answered yet Ask an expert [ 37 ] R.! Fell ill with appendicitis two days before the coronation of King Edward VII for 75 pounds Circumstances—Substance of that. And take the rooms was one of very great difficulty, he not... Purpose and none other intended to view the coronation was postponed he thought it came within the of! Entering into the contract was quite possible defendant would have the flat for two days for £75 from Krell... [ 743 ] the defendant obliged to pay the fee under the contract was positive and absolute the of! And their contents [ 743 ] the defendant are all distinguishable from the flat 42... Intended at the words of the contract that efficacy which the flat for two days for the plaintiff 's for. Be attained quoting Krell v. Henry ( 1903 ) H hired a room to view the procession £75 agreed.! 90 ; 67 J.P. 51: post, p. 760 ( note ) now what the... Been no physical extinction of the counter-claim at Spithead to take part a... The days mentioned there would have the flat was taken case and other resources at Brief! Defendant to insist on using the flat the rest of the £25 he paid a £25 to!

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