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-   -   Verbal agreement binding in state of Ohio? (https://www.askmehelpdesk.com/showthread.php?t=530736)

  • Dec 1, 2010, 02:49 PM
    LoganW
    Verbal agreement binding in state of Ohio?
    I am an entertainer in Ohio. Had a verbal agreement with a club for a gig, sent out contract and posters, they acknowledged the received with a phone call. We never got the signed contract back, but they requested new posters with a name change of the club. Now they called to cancel within 10 days of the gig. Do I have a case in small claims court? 11/1/10 -agreed upon date/price/ even looked at website while I was on phone with them! sent them contract/posters... used to be called Legends which is how it was listed on line yellow pages... the manager calls back a few days after they received my contract/posters, and says we are not legends, we changed the name to Puckers. "I'll just scratch out Legends and write in Puckers and return to you. Please resend new posters with correct name" so I did that immediately. Now 10 days before the gig, which is this weekend 12/4/10, he sends an email (hiding behind an email instead of calling personally!) saying they are canceling due to circumstances beyond their control! We call and he says the reason is they never received the other posters- like that's a reason to cancel? First of all, the posters got sent to the same address as the contract, and it took him two weeks to call and say they haven't received anything? Secondly, now the owner/manager first says "they never booked us and they never received a contract or poster" then he says "we had the wrong name on the contract, so therefore, they don't have to honor it" wait a minute... I thought you just said you never received a contract or posters?? Hmmmmm LIAR! Then he said he only books bands, not duo's and we deceived him by saying we were a classic rock band. We told him, we would never say we're classic rock, we are variety, as it says on the website that they were looking at and we discussed all of that CLEARLY while on the phone. Our entire repetoire of songs is right there on the website. Then he proceeds to say, "Well, I would never pay the price (we had on the contract)" and we said, how would know the price you just stated if you never received a contract? This guy was a complete ------------- on the phone. Do I have a case in small claims court? Also according to our contract the case must be handled in Cuyahoga County where I reside. They do business in another county an hour south of here. If they didn't sign it, do I have to file in their county?

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