Cummins v. Brodie
Wade Cummins, an Elvis impersonator, sued Steve Brodie and Elvis Wade International, Inc. for breach of contract, fraud, misrepresentation, and violation of the Tennessee Consumer Protection Act. Cummins alleged that Brodie, an entrepreneur who sought to promote Cummins' career, advised him to cancel several nightclub performance dates with promises of better bookings, but failed to secure replacements. The Trial Court found that an implied contract existed, Brodie took control of Cummins' bookings, and Cummins suffered damages from cancelled engagements. The Trial Court awarded Cummins $75,000 plus costs, finding Brodie liable for breach of contract due to his failure to obtain replacement bookings. On appeal, the court affirmed the Trial Court's findings of liability and the award of damages, rejecting Brodie's arguments regarding insufficient evidence and failure to mitigate damages.