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

On December 6, 1977, D entered into a contract to play the organ for P's restaurant for a period of three years. D was to play for three designated nights each week and an additional night during certain specified months. P agreed to pay D $50.00 per night. The contract further set out: (1) that P was purchasing musical instruments at the price of $4,262.96 for use by D at his restaurant; and (2) that monthly installments on the cost of the instruments were to be provided by deduction from D's paychecks. After payment in full, the instruments were to become the property of D. The contract further provided that any breach by D would result in his forfeiting any claim to the instruments. D played for nine evenings and thereafter did not appear for his performance and has failed and refused to perform in accordance with his contract since that time.

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