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Contracts Keyed to Summers
Osteen v. Johnson
Citation:473 P.2d 184
Johnson (defendant) orally agreed to promote Osteen’s (plaintiff) daughter, Linda, as a singer and composer of country-western music in exchange for $2,500 for a period of one year. Johnson arranged for several recording sessions and prepared a record of Linda’s songs. One thousand copies of her record were pressed and over three hundred copies were mailed to disc jockeys. Per his agreement, if Linda’s record was met with any success, Johnson was to press and mail out copies of a second record. Johnson also arranged mailings to advertise Linda, sent flyers of her to disc jockeys, and advertised her music in trade magazines. Linda’s record received a favorable review and a high rating in a trade magazine, but a second record was never pressed and mailed out. Osteen sued Johnson, alleging that he did not promote Linda for a period of one year, wrongfully listed a co-author on one of Linda’s songs, and that he failed to press and mail out copies of a second record as agreed.
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