DEITSCH V. THE MUSIC COMPANY
53 N.E.2d 1302 (1983)
NATURE OF THE CASE: Deitsch (P) sued Music (D) for failure to arrive and play at their
wedding reception.
FACTS: P and D entered into a contract where D was to provide a four-piece band at Ps'
wedding reception. The contract stated 'wage agreed upon $295.00,' with a deposit of $65,
which Ps paid upon the signing of the contract. P also hired a soloist to sing with the
band. D failed to arrive at the wedding reception. P sued D for the entire cost of the
wedding reception. D's president testified that he believed the contract had been cancelled,
since the word 'cancelled' was written on his copy of the contract. There was no testimony
as to when that might have been done, and no one from D was able to explain the error. P
wanted the full cost of the reception in damages and D claimed that the actual loss was for
the security deposit. The reception cost $2,643.59.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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