An impossible contract is one which the law will not holdbinding upon the parties, because of the natural or legal impossibility of the performanceby one party of that which is the consideration for the promise of the other. 7 Wait, Act & Def. 124.Impossible contracts, which will be deemed TOid in the eye of the law, or of which theperformance will be excused, are such contracts as cannot be performed, either becauseof the nature of the obligation undertaken, or because of some superveningevent which renders the performance of the obligation either physically or legallyimpossible. 10 Amer. & Eng. Enc. Law, 170.
