Judo, Inc. v. Delaney

The court finds that although defendant knowingly entered into a contract with plaintiff for a course of instruction, and defaulted before taking any lessons, plaintiff failed to prove what damages were sustained as a result. This was not individual private instruction, and plaintiff’s place in a 10 to 15-man class could have been taken by another. Instruction was not on a semester basis, and pupils could start or stop at any time. The charge for the year was computed upon the basis of a fixed price per lesson. The contract was divisible. There was no provision for liquidated damages. Hence…