QUESTION
Paid photographer who then no-showed to my wedding. Do I have a case?
Asked on Jul 31st, 2013 on Breach of Contract - Nebraska
More details to this question:
I got married last weekend and the photographer didn't show up. I got a text an hour before the wedding was to start that said that he wouldn't make it due to car trouble. There are many holes in his story about his car but that is beside the point. He hasn't contacted me the last four days even after numerous emails and phone calls from my end. We had a contract, but it isn't signed. I also kept many emails confirming that I paid him his money and what services he would be providing for the cost. I am wondering if I have enough evidence to take him to court even though the contract isn't signed.
1 ANSWER
Yes. Most contracts do not have to be in writing to be valid, and, from what you wrote, this agreement does not seem to fall within any category requiring that it be in writing (one caveat - if the parties did not intend to be bound by the contract until they had a signed writing, they would not be.) Of course, a Court is more likely to believe that there was a contract if you had a signed document, but here you have the money you paid (for what, if not for photographic services) and emails, as well as your testimony. More important, you probably don't need any contract to get your money back. If you can prove that you gave this photographer money, and it was not a gift (I assume you have no connection to the photographer and no reason to give him money), you are entitled to have it returned, regardless of any contract for photographic services. You may also be entitled to interest from the day you first asked for the money back.
Answered on Jul 31st, 2013 at 5:12 PM