Is us fidelity correct under the common law rule

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Question: Joseph Goldberg, Inc., a builder, contracted to build a theater for Fisher. The U.S. Fidelity and Guaranty Company guaranteed completion. After work had been started on the building, it was stopped by order of the commissioner of buildings because of a local ordinance that prohibited the construction of a theater within 200 feet of a church. Fisher then sued U.S. Fidelity as guarantor for breach of contract. U.S. Fidelity contended that the contract was terminated because of an impossibility to perform. Is U.S. Fidelity correct under the common law rule? (Fisher v. United States Fidelity and Guaranty Company, 212 Ill. App. 66, 39 N.E.2d 67)

Reference no: EM131472422

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