Deitsch v. The Music Co.

Brief Fact Summary.

Carla Deitsch (plaintiff) signed a performance contract with the Company (defendant) band to play at her wedding reception for $295. The band failed to appear at the reception and Deitsch sued for breach of contract. The court considered the suitable amount of damages.

Synopsis of Rule of Law.

In Ohio, the general measure of damages to be granted in a breach of agreement case incorporate compensatory damages for the physical inconvenience, discomfort, and mental anguish.

Facts.

Carla Deitsch (plaintiff) employed The Music Company's (the Company) (defendant) four-piece band to play at her wedding gathering for $295. At the time the parties marked the execution contract, Deitsch paid a store of $65 and the Company consented to give music at the gathering for a few hours. After the band neglected to show up at the gathering Deitsch recorded suit against the Company for breach of the agreement. A jury found for Deitsch and the court considered the proper measure of damages to be granted.

Issue.

In Ohio, can the general measure of damages to be granted in a breach of agreement case incorporate compensatory damages for the physical inconvenience, discomfort, and mental anguish?

Held.

Yes. In Ohio, the general measure of damages to be granted in a breach of agreement case incorporate compensatory damages for the physical inconvenience, discomfort, and mental anguish.

Dissent.

N/A

Concurrence.

N/A

Discussion.

Deitsch contends that the whole cost of the wedding gathering in the measure of $2,643.59 is the right measure of damages to be granted for the Company's breach of the execution agreement. Nonetheless, that sum would not only overpay Deitsch, as well as would require a finding that the gathering was a misfortune, a total loss and presented no advantage at all to Deitsch and her visitors. In contrast, the Company claims that the proper measure of damage is the $65 store paid by Deitsch. In any case, that sum would not satisfactorily repay Deitsch for the inconvenience caused by the Company's breach. Rather, the proper measure of damages ought not exclusively be the $65 deposit out-of-pocket loss acquired by Deitsch, but also compensatory damages for the physical inconvenience, discomfort and mental anguish endured by Deitsch and her visitors because of the Company's breach. The Company is ordered to pay Deitsch $750 in damages.