Utilities Engineering Institute v. Bendall

CAYTON, Chief Judge.

Appellant, a correspondence school, sued for a balance of $170 claimed to be due under a contract with defendant for a course in auto body and fender training. Defendant resisted the suit on the ground that he had exercised his right of cancellation under the contract. The trial judge found that defendant owed only $30 and entered judgment accordingly.

Plaintiff appeals, claiming that the cancellation was ineffective because it did not comply with the contract. The cancellation clause reads: “ * * * it is agreed that this contract may be canceled, provided I have notified…