January 16, 1985 |

Breach of Contract, Trial VICTORY

I had been licensed for less than two months when I had my first jury trial as “lead counsel” (I was previous experience as “second chair” on a two week libel trial while I was still a law clerk.) Our client was an English promoter who had booked a performance by a popular female impersonate. Shortly before the scheduled performance the management company indicated that the entertainer would not be coming to England because they had doubts about our client’s ability to pay the promised compensation. This resulted in a significant loss to our client who had rented the theater, presold tickets, etc. Although there was significant support factual support for the proposition that our client might have been unable to pay the compensation due, I won the trial by explaining to the jury that the management company for the entertainer had canceled before any payments which due, which, under the doctrine of anticipatory repudiation, meant that our client was not obligated to prove that he could have satisfied the subsequent conditions.