PHILADELPHIA – A nonprofit organization which assists HIV/AIDS patients claims an Atlanta-based singer it paid an advance to perform at one of its gala events wasn’t able to attend, but didn’t refund the advance she received.
Bebashi: Transition To Hope of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on June 11 versus Kelly Price and Sang Girl Productions, both of Atlanta.
On July 28, 2017, plaintiff and defendants entered into a performance contract in which Price agreed to perform at Bebashi’s annual fundraising gala in exchange for $25,000. Pursuant to the “guarantee” section of the agreement, Bebashi paid Price $25,000 in two installments prior to her scheduled appearance, the lawsuit says.
Due to a weather event in Atlanta, Price was unable to travel to Philadelphia from Atlanta on the morning of the gala. The gala went on as scheduled, minus Price’s performance. According to the contract, the weather event released Price from her obligation to perform at the gala and also released Bebashi from its obligation to pay Price, the suit says.
Despite repeated demands, defendants failed and/or refused to refund the payments made by Bebashi to Price, in spite of Price’s non-performance at the gala and contractual obligation to refund the prior payments – thus making it a breach of contract, and the plaintiff has satisfied all their obligations per that same agreement, the suit says.
For counts of breach of contract and unjust enrichment, the plaintiff is seeking damages in individual and joint capacities from the defendants not in excess of $50,000, plus continuing interest and attorney’s fees.
The plaintiff is represented by Mary-Ellen Allen of Lamb McErlane, in West Chester.
Philadelphia County Court of Common Pleas case 180601145
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com