Osteen v. Johnson

Facts: Defendant was a record/music promoter, and entered into a contract to promote Plaintiff's record for a payment of $2500. Plaintiff contends that Defendant didn't promote Plaintiff as much as he should have under contract. The Defendant accidentally added the name of another artist to the writing credits of one the Plaintiff's songs on the Plaintiff's record.

Procedural History: Trial Court awarded $1 because of the Defendant's accident.

Arguments: The Defendant's accident probably helps the promotion and sales of the Plaintiff's records, so he is not liable for that mistake.

Holding: Defendant should return the $2500 fee, minus the actual benefit that his actions provided the Plaintiff.

Reasons: Defendant didn't press or send out copies of the Plaintiff's second record, which is the principle way to promote artists.

Judgment: Reversed.