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Contracts Keyed to Summers
Hathaway v. Sabin
Citation:
63 Vt. 527, 22 A. 633Facts
Hathaway (plaintiff) contracted with Sabin (defendant) for the latter to furnish a hall for concert in Montpelier, Vermont in exchange for $75, payable after the concert was held. Thirty-six hours before the concert was to be held, a snowstorm hit Montpelier. The snowstorm rendered the surrounding roads impassable. Sabin mistakenly supposed that Hathaway would be unable to hold the concert. Sabin called Hathaway and stated that it would be impossible to hold the concert due to the condition of the streets. As a result, Sabin did not have the hall ready for the concert. A train, however, was able to deliver the musicians to Montpelier in the early evening. Hathaway sued Sabin for damages he sustained in being compelled to leave the contract unperformed.
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