Q: If there wasnt a contract and no stipulations for cancellations and there was notice, can someone sue us in small claims
I work at a restaurant in Fort Worth. We booked a musician to play, then we had to cancel him 25 hours before hand. There were no contracts signed, no verbal or written agreements that we would pay a cancellation fee and there is no verbiage on his website pertaining to cancelled shows. I scheduled him and then he reached out to confirm, we confirmed at that time. Again, nothing was mentioned about any sort of cancellation policies at the time of confirmation. He is wanting to take us to small claims court. We haven't even actually stated that we won't pay him. Does he hold any ground?
A: Oral agreements are enforceable in Texas. If the musician was not able to book a new gig for the same amount of money you agreed to pay him, he likely can successfully sue you for that amount arguing that you repudiated the agreement when you cancelled the gig on such short notice. He might be willing to accept less than the full amount to avoid litigation and retain goodwill.
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