Seale v. Bates

359 P.2d 356 (Colo. 1961)

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Nature of the Case

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Facts

The Seales (P) took dance lessons at the Bates Dance Studio (D). P was forced to continue the lessons at the Dale Studio when D assigned the fully-paid contracts to Dale. P took the lessons at the Dale Studio and became dissatisfied. P sought to rescind the contract and demanded restitution of their money. Dale stood ready to perform. P argued that the contract was for D's personal services and that the assignment to Dale was a breach of contract. The trial court dismissed P's complaint; P had accepted the assignment, and the grounds for which P was dissatisfied did not constitute a breach of contract by D or Dale. P appealed.