PINGLEY V. BRUNSON
252 S.E.2d 560 (1979)
NATURE OF THE CASE: Brunson (D) sought review of a decision that compelled him to fulfill
his contract to provide entertainment at Pingley's (P) restaurant, and further enjoining him
from playing musical instruments for any other establishment during times that would
conflict with performance of his contract.
FACTS: On December 6, 1977, D entered into a contract to play the organ for P's
restaurant for a period of three years. D was to play for three designated nights each week
and an additional night during certain specified months. P agreed to pay D $50.00 per night.
The contract further set out: (1) that P was purchasing musical instruments at the price of
$4,262.96 for use by D at his restaurant; and (2) that monthly installments on the cost of
the instruments were to be provided by deduction from D's pay checks. After payment in full,
the instruments were to become the property of D. The contract further provided that any
breach by D would result in his forfeiting any claim to the instruments. D played for nine
evenings and thereafter did not appear for his performance and has failed and refused to
perform in accordance with his contract since that time.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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