Legal Question in Civil Litigation in Texas

Breach of contract

My wife and I contracted a Rabbi to marry us. For various reasons, plans changed and we no longer required the services of the Rabbi. 2 months prior to the wedding, we advised the Rabbi that his services were no longer needed. We had already paid him a deposit and I was aware that I would not be getting that back. Now, he is suing for the balance of his fees even though he did not perform the wedding. I have looked over the contract and no where on the contract does it even address the issue of cancellations. The word �Cancel� is not even mentioned. Does he have a claim? Am I missing something? Seems to me if he does not even mention anything about canceling (what if we just decided not to get married) we should not be on the hook for the balance of his fee. Why take a deposit then? Why not ask for the entire amount up front?

Thanks for your help.


Asked on 1/30/05, 1:13 am

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Breach of contract

There's no clear answer. The contract doesn't address the issue of cancellation. The Rabbi stood ready to perform, so you may be on the hook for the balance.

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Answered on 1/30/05, 1:55 pm


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