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Contracts Keyed to Dawson
The Opera Company of Boston, Inc. v. The Wolf Trap Foundation for the Performing Arts
Citation:
817 F.2d 1094.Facts
The Filene Center is located in Wolf Trap National Park and is sponsored by the Wolf Trap Foundation. The Opera Company agreed to give four fully stage performances at the Filene Center on the nights of June 12, 13, 14, and 15, 1980. Wolf Trap in turn agreed to pay the Opera Company $272,000 as follows: $20,000 at signing, $40,000 on April 1, 1980, and the balance in four equal installments just prior to each performance. On June 15, a severe thunderstorm caused a power outage. The National Park Service recommended immediate cancellation of the final performance and disclaimed any responsibility for safety. Wolf Trap agreed and the performance was cancelled. Wolf Trap did not make the final payment due to the Opera Company under the contract.
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