Davies v. Arthur Murray, Inc.

The plaintiff instituted this action to recover money-paid on contracts for unused hours of dancing instruction which were allegedly unusable because of plaintiff’s physical incapacity. The suit sought cancellation of the contracts and a return of the money paid. Plaintiff’s action was premised upon executory contract law and the fact that the contracts were void as against public policy having been proscribed by a Federal Trade Commission Order. Trial was held without a jury and the court entered judgment for the defendant. Plaintiff seeks to reverse this judgment upon the same grounds that…