On December 13, 2006, Christopher Norris Photographers contracted to provide photography for Meredith Daney’s wedding on August 3, 2007 for a total price of $ 3,203.50. Ms. Daney paid a $ 500 deposit. Paragraph 4 of the Contract states “If this agreement is canceled within sixty (60) days of the Wedding Date, Buyer shall be responsible for the full contract price.” Paragraph 18 of the Contract states “Any changes, amendments, deletions or cancellations * * * must be in writing and signed by all parties.” In June 2007, Ms. Daney called Norris to change her wedding date from August 3, 2007 to August 8, 2008. Ms. Daney was told that under the terms of the contract, any changes had to be in writing. Ms. Daney was told she could send a letter or an e-mail and that the date change could be accommodated. On June 25, 2007, Norris received a written communication from Ms. Daney informing the office of her rescheduled wedding date.
There was no written confirmation of the change from Norris. Ms. Daney testified that sometime in August 2007, she and her fiancé canceled their wedding altogether. She testified that she contacted all her wedding vendors, including Norris, to cancel their services. She sent Norris an e-mail as notification of her cancellation; however, she was not able to produce the e-mail and Norris had no record of its receipt in his log or on his computer. She said that she no longer used the Yahoo e-mail account from which she sent the cancellation notice and that her parents no longer had the computer from which it was sent. She asked not to be held liable for the full contract amount because she had canceled. Using the rules you have learned on contract terms and timing, determine whether she is correct. [Norris, L. L. C. v. Daney, Slip Copy, 2010 WL 4149350 ( Ohio App. 8 Dist.).]