Contracts Keyed to Calamari
Seale v. Bates
The Plaintiffs, the Seales (the "Plaintiffs"), paid the Defendants, John Bates ("Mr. Bates"), the Bates Dance Studio, Inc. ("Bates") and the Dance Studio of Denver, Inc. ("Dance Studio") (collectively referred to as the "Defendants"), a substantial amount of money for dance lessons. The Plaintiffs entered into a contract with Bates, which was assigned to the Dance Studio. The Dance Studio did business as Dale Dance Studio (Dale). The Seales began taking dance lessons at Dale in June of 1956, but became dissatisfied with them. The Seales wished to take the rest of their lessons with Bates, and accordingly entered into a new contract to do so. While their lessons at Bates were ongoing, the Seales learned that the remainder of their lessons would have to be taken at Dale, because Dale assumed the obligations of the contract between the Plaintiffs and Bates. The Seales were told that the whole Bates infrastructure was being moved to Dale. After taking lessons at Dale for a short period of time, the Seales were dissatisfied with the conditions. In May of 1957, the Seales stopped taking lessons at Dale. In August of 1957, the Seales complained to Mr. Bates and demanded their money back or to make arrangements so they could complete their contract. Mr. Seale said the only reason he continued taking the classes at Dale was "[he] kept hoping that somebody would get the thing arranged to where we could continue as had been promised." The Seales brought suit and the trial court dismissed the suit on the ground that the Plaintiffs assented "to the assumption by Dale of the obligations under the contract."
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