S, a singer, contracts with M, the manager of a theatre, to sing at the latters theatre for two evenings in every week during the next two months. M engages to pay her ` 300 for each evenings performance.

On the seventh evening, S wilfully absents herself from the theatre. M, in consequence, wants to rescind the contract and claim compensation for the loss suffered by him through the non-fulfilment of the contract by S. Advise.