Consumer Law, Warranties Verbal contract

[Whooaah]

The band I'm in recieved a call from a gentlman to preform in a club. He told my bass player over the phone that we would recieve $200 for one 45 min set. He agreed on the $200 fee. On the day of the agreement we prefomed the set and when he went to get paid the gentleman said that he wasn't going to pay.
He said he never agreed to pay us. If our bass player goes to small claims court, will the verbal agreement be considered binding. When he recieved the call our guitar player was in the room and they both discussed the price so there is an witness.

 

[Michael Wechsler]

Absolutely is binding. The issue in question here is proof. I think that the bar owner is not thinking clearly since all the facts would seem to indicate that there was an agreement -- why would the band go through the entire and considerable effort of dragging instruments to the gig and playing a set if there was no compensation? Doesn't lead to a logical conclusion. You'd also want to ask the court for punitive damages since there is no good faith dispute here, merely a bad faith act of deliberate nonpayment.