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Osteen v. Johnson

Court of Appeals of Colorado
473 P.2d 184 (1970)


Facts

Osteen (plaintiff) paid Johnson (defendant) $2,500, and Johnson orally agreed to promote Osteen’s daughter for a period of one year as a singer and composer by mailing flyers and arranging for Osteen’s daughter to record two records and to mail these records to disc jockeys. Osteen’s daughter recorded a record. Of the 1,000 records pressed, Johnson sent 340 copies to disc jockeys. Johnson also promoted Osteen’s daughter nationwide through mailings and other advertisements. Osteen sued for breach of contract, but the trial court concluded that Johnson had substantially performed the contract. The court found however that Johnson had wrongfully caused another person to be credited as co-writer of one of the songs and awarded Osteen damages of $1 plus costs.

Rule of Law

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Issue

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Holding and Reasoning (Dufford, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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