OSTEEN V. JOHNSON
473 P.2d 184 (1970)
NATURE OF THE CASE: This was a breach of an oral contract. Osteen (P), parents, appealed
a decision finding that they were entitled to only one dollar in damages from Johnson (D),
promoter, in their breach of contract action.
FACTS: Osteen (P) paid D $2,500 to promote his daughter as a singer and composer of
country western music. D had agreed to advertise her through various mailings for a period
of one year, to arrange and furnish the facilities necessary for her to record several
songs, to prepare two records from the songs recorded, to press and mail copies of one of
the records to disc jockeys throughout the country, and if the first record met with any
success, to press and mail out copies of the second record. During trial it was determined
that D did arrange for several recording sessions and that she recorded four songs, and a
record of two of them was made and 1,000 copies were then pressed with 340 being mailed to
disc jockeys, 200 sent to P and the rest retained by D. Various mailings were also made to
advertise her. The record received a favorable review and a high rating in a trade magazine.
The trial court found that D had substantially performed the agreement. Judgment was entered
for P for $1.00 and costs because D had wrongfully included the name of another as one of
the co-authors of a song. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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