Reference no: EM133298139

Marshall Zahner is a magician and musician. He moves around Western Canada doing afternoon "Magic in the Stars" children's performances and in the evening, he entertains his audience playing classical piano music. His concerts are always sold out. Last fall he rented the Silver Moon Concert Hall, an acoustically perfect one-of-a-kind Saskatoon performance center for five days from the Anthony Bennett Co. Unfortunately, a fire started by lightening destroyed the music days before Zahner was booked to perform. There were no other music halls that Zahner could rent. The agreement in which Anthony Bennett Co agreed to provide the music hall to Marchall Zahner (the "Contract") did not set out who would bear the risk should the music hall be destroyed. Zahner sued the Anthony Bennett Co for his advertising expenses and other pre-concert costs.