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Keywords

contractbreach of contractequitytrialwillsustainedcontractual obligationspecific performancerespondentappellant

contractbreach of contractplaintiffequitytrialwillsustainedspecific performancerespondentappellant

Related Cases

Pingley v. Brunson, 272 S.C. 421, 252 S.E.2d 560

Facts

The appellant, Carl Brunson, an automobile repairman, entered into a contract on December 6, 1977, to play the organ at the respondent's restaurant for three years. The contract specified that he would perform three nights a week and receive $50 per night, with the respondent purchasing instruments for Brunson's use. After performing for nine nights, Brunson failed to appear for his scheduled performance on December 27 and did not fulfill his contractual obligations thereafter.

During the past several years the appellant, who is an automobile repairman by trade, has been playing the organ as part time employment for various establishments in the Mullins area. On December 6, 1977, appellant entered into a contract to play the organ for respondent's restaurant for a period of three years.

Issue

Whether the trial court erred in granting specific performance and injunctive relief against the organ player for breach of contract.

Rule

Courts of equity will not ordinarily decree specific performance of a contract for personal services, particularly where the performance of the services contracted for would be continuous over a long period of time.

Analysis

The court found that the personal services required of Brunson were to be performed over a sustained period, and compelling such performance after disputes had arisen was inappropriate. Additionally, the court noted that there were other organ players available for hire, which diminished the uniqueness of Brunson's services and supported the conclusion that specific performance was not warranted.

Assuming that a valid contract was effected between the parties, the personal services required of appellant were to be performed on a sustained basis over a three year period. The idea of compelling a close personal association over a protracted period of time after disputes have arisen and loyalty and confidence dissipated has been repugnant to courts facing the situation.

Conclusion

The Supreme Court reversed the trial court's order, determining that neither specific performance nor injunctive relief was a proper remedy for the enforcement of the contract for personal services.

For the foregoing reasons, we conclude that the trial court erred in granting a decree of specific performance, compelling the appellant to comply with terms of his contract for personal services.

Who won?

The organ player, Carl Brunson, prevailed in the case because the court found that the remedies sought by the restaurant owner were not appropriate under the circumstances.

The Supreme Court, Rhodes, J., held that: (1) particularly in view of availability of other local organ players, awarding specific performance of contract was error, and (2) absent covenant not to compete or to perform elsewhere in organ player's contract, granting injunctive relief prohibiting acceptance by organ player of other employment during times that would conflict with performance of his contract with plaintiff was error.

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