Judges just want to have fun...
Breeding v. Kye's Inc.
831 N.E.2d 188
Background: Bride brought action against special events facility seeking return of deposit she made to reserve facility for wedding reception after facility terminated contract with music company that provided disc jockey services which bride wished to have perform at the reception. The Superior Court, Clark County, Jerome F. Jacobi, J., granted facility's motion for summary judgment, and bride appealed.
Discussion and Decision: ...
BARNES, Judge, dissenting.
I respectfully dissent. My colleagues apparently want to “Save the Last Dance” for Ms. Breeding. I, however, believe she received what she bargained and signed the contract for-a reception hall with a disc jockey of Kye's choice. Stuck is stuck. Although the other members of the panel cannot “Stand by Me,” I believe that Kye's clearly and explicitly reserved the right to select the disc jockey, and Breeding was bound by the clear and unambiguous contract.
(Majority's response) FN1. In his dissent, our colleague Judge Barnes borrows from the music of his youth (and ours) to illustrate his point that the contract that Breeding signed was for the rental of the hall, not the provision of disc jockey services. For reasons stated elsewhere in this opinion, we disagree. We do note, however, that Breeding, having “Heard It Through the Grapevine” that Kye's had disassociated itself from Sounds Unlimited, and doubtless suffering from the “Wedding Bell Blues” upon finding that she could “Get No Satisfaction” from Kye's, said to herself (and Kye's) “It's My Party.” She decided that it would be “Kind of a Drag,” if she could not have the “Mr. Tambourine Man” of her choice as her disc jockey, and, rather than shedding “96 Tears,” she would be a “Hard Headed Woman” because “Big Girls Don't Cry.” It is a shame that the parties were unable to resolve their differences amicably by “Building a Bridge Over Troubled Water” so that they could “Let It Be.” Alas, Breeding was left to go “Downtown” to seek another “Sugar Shack” for her wedding reception before “Leaving on a Jet Plane” for her honeymoon. (Our apologies to the younger generations who have never heard any of these songs and have no idea what we are talking about.)
831 N.E.2d 188
Background: Bride brought action against special events facility seeking return of deposit she made to reserve facility for wedding reception after facility terminated contract with music company that provided disc jockey services which bride wished to have perform at the reception. The Superior Court, Clark County, Jerome F. Jacobi, J., granted facility's motion for summary judgment, and bride appealed.
Discussion and Decision: ...
BARNES, Judge, dissenting.
I respectfully dissent. My colleagues apparently want to “Save the Last Dance” for Ms. Breeding. I, however, believe she received what she bargained and signed the contract for-a reception hall with a disc jockey of Kye's choice. Stuck is stuck. Although the other members of the panel cannot “Stand by Me,” I believe that Kye's clearly and explicitly reserved the right to select the disc jockey, and Breeding was bound by the clear and unambiguous contract.
(Majority's response) FN1. In his dissent, our colleague Judge Barnes borrows from the music of his youth (and ours) to illustrate his point that the contract that Breeding signed was for the rental of the hall, not the provision of disc jockey services. For reasons stated elsewhere in this opinion, we disagree. We do note, however, that Breeding, having “Heard It Through the Grapevine” that Kye's had disassociated itself from Sounds Unlimited, and doubtless suffering from the “Wedding Bell Blues” upon finding that she could “Get No Satisfaction” from Kye's, said to herself (and Kye's) “It's My Party.” She decided that it would be “Kind of a Drag,” if she could not have the “Mr. Tambourine Man” of her choice as her disc jockey, and, rather than shedding “96 Tears,” she would be a “Hard Headed Woman” because “Big Girls Don't Cry.” It is a shame that the parties were unable to resolve their differences amicably by “Building a Bridge Over Troubled Water” so that they could “Let It Be.” Alas, Breeding was left to go “Downtown” to seek another “Sugar Shack” for her wedding reception before “Leaving on a Jet Plane” for her honeymoon. (Our apologies to the younger generations who have never heard any of these songs and have no idea what we are talking about.)