Question: 1. Melissa owed $2,500 to Daniel for services Daniel rendered to Melissa. The debt was due June 30, 2014. In March 2015, the debt was
1. Melissa owed $2,500 to Daniel for services Daniel rendered to Melissa. The debt was due June 30, 2014. In March 2015, the debt was still unpaid. Daniel was in urgent need of ready cash and told Melissa that if she would pay $1,500 on the debt at once, Daniel would release her from the remaining balance. Melissa paid $1,500 and stated to Daniel that all claims had been paid in full. One year later, in August 2015, Daniel demanded the unpaid balance and subsequently sued Melissa for $1,000.
Will Daniel prevail? Why?
2. Stuart contracts to act in a comedy for Charlotte and to comply with all theater regulations for four seasons. Charlotte promises to pay Stuart $1,800 for each performance and to allow Stuart one benefit performance each season. The contract express states that Stuart shall not be employed in any other production for the period of the contract. During the first year of the contract, Stuart and Charlotte have a terrible quarrel. Thereafter, Stuart signs a contract to perform in Elaines production and ceases performing for Charlotte. Charlotte seeks to require Stuart to perform his contract with her.
Will Charlotte prevail in her claim to require Stuart to perform his contract? Why?
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