This section contains the nature of the case and procedural background.

P and D entered into a contract where D was to provide a four-piece band at Ps' wedding reception. The contract stated 'wage agreed upon $295.00,' with a deposit of $65, which Ps paid upon the signing of the contract. P also hired a soloist to sing with the band. D failed to arrive at the wedding reception. P sued D for the entire cost of the wedding reception. D's president testified that he believed the contract had been canceled since the word 'canceled' was written on his copy of the contract. There was no testimony as to when that might have been done, and no one from D was able to explain the error. P wanted the full cost of the reception in damages and D claimed that the actual loss was for the security deposit. The reception cost $2,643.59.

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