Assume Max bought a mattress from his buddy Mark, as Mark was moving, and assume that there is a legally enforceable contract between Max and Mark. Two days before Max is supposed to pick up the mattress from Mark's apartment, Mark's apartment building suffers a terrible fire. Luckily, Mark had already moved out most of his belongings, except the mattress that he was supposed to deliver to Max. The mattress is completely destroyed and is now a pile of ash. Max wants his money back from Mark.

Does Max have any grounds to get his money back from Mark?