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

Osteen (P) paid D $2,500 to promote his daughter as a singer and composer of country western music. D had agreed to advertise her through various mailings for a period of one year, to arrange and furnish the facilities necessary for her to record several songs, to prepare two records from the songs recorded, to press and mail copies of one of the records to disc jockeys throughout the country, and if the first record met with any success, to press and mail out copies of the second record. During trial it was determined that D did arrange for several recording sessions and that she recorded four songs, and a record of two of them was made, and 1,000 copies were then pressed with 340 being mailed to disc jockeys, 200 sent to P and the rest retained by D. Various mailings were also made to advertise her. The record received a favorable review and a high rating in a trade magazine. The trial court found that D had substantially performed the agreement. Judgment was entered for P for $1.00 and costs because D had wrongfully included the name of another as one of the co-authors of a song. P appealed.

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