Wednesday, December 18, 2013

Seale v. Bates case brief

Seale v. Bates case brief summary
359 P.2d 356 (1961)

Plaintiff students sought to recover tuition paid for dance instruction. After a trial to the bench, the District Court of the City and County of Denver (Colorado) dismissed the claims against the defendants, dance instructor assignor, and its assignee dance studio. The students appealed.

Students entered into personal service contracts with assignor dance instructor and his dance studio. In the middle of their instruction, the instructor closed his studio and assigned the remainder of the contracts to another dance studio. The students continued their instruction for some time at the assignee's studio, but dissatisfied, filed complaints against both the assignor and the assignee to recover their money. After a trial to the bench, the court dismissed the complaints.


  • On appeal, the court affirmed, holding that while the personal contracts were, in fact, non-assignable without the consent of the students, the students' dissatisfaction did not arise from the assignment but rather arose in connection with the terms of performance. 
  • Because the undisputed evidence showed that the students accepted the assignment and proceeded to take lessons from the assignee dance studio, this conduct was inconsistent with the students' theory that they at all times objected to the assignment and were entitled to rescission of the contracts.

The judgment dismissing the complaints for rescission of certain personal service dance contracts was affirmed.

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