Parker v. Arthur Murray, Inc.

Mr. PRESIDING JUSTICE STAMOS

delivered the opinion of the court:

This is an appeal and a cross appeal from a decree, entered on March 26, 1971, which allowed rescission of five contracts for dance instruction, ordered the return of contract payments, but denied punitive damages. The sole issue raised by defendant is whether the terms of the contracts barred plaintiff from asserting the doctrine of impossibility of performance as the basis for seeking rescission under Count I of the complaint. * The sole issue raised by plaintiff on his cross appeal is whether the court erred in dismissing his…