Osteen v. Johnson
Court of Appeals of Colorado
473 P.2d 184 (1970)
Osteen (plaintiff) paid Johnson (defendant) $2,500 for Johnson to promote Osteen's daughter as a singer for one year, including recording and mailing two records to disc jockeys; Johnson recorded one record, sent 340 of 1,000 pressed copies to disc jockeys, and otherwise promoted her nationwide through mailings and advertisements, but never produced or mailed the second record. The trial court found Johnson had substantially performed the overall contract but had also wrongfully caused another person to be credited as co-writer of one of the songs, awarding Osteen only $1 in damages plus costs; Osteen appealed the damages award.
Whether nominal damages are a proper remedy when the breaching party is found to have substantially performed the contract but nonetheless committed a material breach going to the contract's essence.