Pingley v. Brunson
South Carolina Supreme Court
272 S.C. 421, 252 S.E.2d 560 (1979)
- Written by Tammy Boggs, JD
Facts
Carl Brunson (defendant) was a car repairman by trade but played the organ part-time for various businesses in the Mullins area. In December 1977, Brunson entered a three-year contract to play the organ for a restaurant owned by Homer Pingley (plaintiff). Brunson agreed to play three designated nights a week and an additional night during certain months. In exchange, Pingley agreed to pay $50 per night and advance the cost of an organ. Brunson played at Pingley’s restaurant for about 10 nights and then refused to perform thereafter. Pingley sued Brunson for specific performance of the contract. The evidence showed that Brunson was an excellent musician who attracted customers to a business. However, five other musicians of comparable talent were available for hire in the Mullins area. The trial court granted Pingley’s request for specific performance and further enjoined Brunson from playing at any other establishment during times that would conflict with performance of his contract. Brunson appealed.
Rule of Law
Issue
Holding and Reasoning (Rhodes, J.)
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