Contracts Keyed to Fuller
Osteen v. Johnson
Facts
Osteen (Plaintiff) paid Johnson (Defendant) $2,500, and Defendant orally agreed to promote Plaintiff’s daughter for a period of one year by mailing flyers and arranging for Plaintiff’s daughter to record two records and to mail these records to disc jockeys. Plaintiff’s daughter recorded a record. Of the 1,000 records pressed, Defendant sent 340 copies to disc jockeys. Defendant also promoted Plaintiff’s daughter nationwide through mailings and other advertisements. Plaintiff sued for breach of contract, but the trial court concluded that Defendant had substantially performed the contract. The court found however that Defendant had wrongfully caused another person to be credited as co-writer of one of the songs and awarded Plaintiff damages of $1 plus costs.
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