Tina Townsend, age 25, a well- known comic, signed a contract for $ 20,000 with Stillman to perform at Stillman’s Country Dinner Theater for five nights. Because Townsend had a drinking problem, a clause in the contract stipulated that she should not take a drink for the five nights she was to perform. Another clause stated that if Townsend were to drink and appear for her performances in an intoxicated condition, 10 percent of her salary would be withheld as liquidated damages. After having several drinks, Townsend made her opening night appearance. Reviewers in the local newspapers described her as “ a very stumbling but entertaining alcoholic.” Despite the reviews, Townsend’s performances filled the theater to capacity each night of her five- night engagement. Stillman, however, still withheld $ 2,000 of Townsend’s salary, although she had appeared in an intoxicated state only on opening night. Townsend brought an action against Stillman to recover the $ 2,000 withheld from her salary. Should she recover the money?
Answer to relevant QuestionsRobert and Sandra Bell hired McCann to build a house for them at a contract price of $ 45,000. McCann then changed his mind and refused to build, claiming that he would make no profit. The Bells then advertised for bids from ...Klyap, a math, language arts, and physical education instructor for grades 6 through 8, was employed by the Arrowhead School District, which was considered a rural district in Montana. His contract included a liquidated ...Cole, a retail auto parts dealer, needed some parts quickly. He sent a telegram to Veterans Wholesale Auto Parts, requesting that the necessary parts be sent immediately. Two days later, Cole followed up with a telephone ...Harkness purchased a calculator from BBL Calculator Company on a sale or return basis on February1. No time for return was specified. On August 5, Harkness returned the calculator, claiming that he had changed his mind. BBL ...On November 7, 1960, Crosby purchased a tractor and plow for $ 3,000 from Lane Farm Supply, Inc., on an approval basis. The length of time of the trial period was not definitely stated. After the purchase, when questioned ...
Post your question