SEALE V. BATES
359 P.2d 356 (Colo. 1961)
NATURE OF THE CASE: This was an appeal of a rescission action. Seale (P) appealed the
dismissal of claims against the Bates (D), dance instructor assignor, and its assignee dance
studio.
FACTS: The Seales (P) took dance lessons at the Bates Dance Studio (D). P was forced to
continue the lessons at the Dale Studio when D assigned the fully-paid contracts to Dale. P
took the lessons at the Dale Studio and became dissatisfied. P sought to rescind the
contract and demanded restitution of their money. Dale stood ready to perform. P argued that
the contract was for D's personal services and that the assignment to Dale was a breach of
contract. The trial court dismissed P's complaint; P had accepted the assignment and the
grounds for which P was dissatisfied did not constitute a breach of contract by D or Dale. P
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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