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Syester v. Banta Case Brief Summary | Law Case Explained

Get more case briefs explained with Quimbee. Quimbee has over 16,300 case briefs (and counting) keyed to 223 casebooks ► https://www.quimbee.com/case-briefs-o... Syester v. Banta | 133 N.W.2d 666 (1965) Arthur Murray dance studios, a feature of mid-twentieth-century America, featured gorgeous instructors who flattered their students as they taught them to waltz and cha-cha. They also had a reputation for preying on well-heeled but lonely widows, such as the plaintiff in Syester versus Banta. James Banta owned an Arthur Murray dance studio. Banta trained his staff in high-powered salesmanship, teaching them use emotional selling techniques to persuade customers to purchase packs of lessons. His studios were wired with microphones so that he could eavesdrop on conversations between his instructors and their students, and coach the instructors on how to sell more lessons. Agnes Syester was a widow in her 60s who lived alone and had no family. In 1954, a friend gave her a gift of dance lessons at Banta’s studio. Then the hard sell began. Instructors kept selling her lesson packages even as she had hundreds of lessons still unused. By 1960, Syester had paid in advance for over 4000 hours of lessons plus three lifetime memberships, at a cost of over $29,000. She was awarded Bronze, Silver, and Gold medals in a single year, a level of accomplishment that realistically required years of instruction. Instructors assured her that she could be a professional dancer. Syester’s favorite instructor was Jerry Carey, a charming fellow in his mid-twenties. In 1960, Banta fired Carey. Angry about his dismissal, Syester quit the studio. She had 1750 hours of lessons still unused. She sued to get her money back. Banta rehired Carey and had him persuade Syester to drop her lawsuit. She signed a release of all her claims and was given a refund of $6090. She signed a second release under which she was owed $4000, which Banta never paid. She sued again, alleging fraud and misrepresentation in connection with the settlement and release. Carey testified that Syester’s dancing hadn’t improved over the years he was teaching her, and that the studio had lied to her about her potential. The trial jury found that the releases were invalid. It awarded Syester $14,300 in actual damages and $40,000 in punitive damages. Banta appealed to the Iowa supreme court. Banta argued that his representations to Syester were mere opinion or puffing, not factual misrepresentations, and that there was no proof of damage to Syester. Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: https://www.quimbee.com/cases/syester... The Quimbee App features over 16,300 case briefs keyed to 223 casebooks. Try it free for 7 days! ► https://www.quimbee.com/case-briefs-o... Have Questions about this Case? Submit your questions and get answers from a real attorney here: https://www.quimbee.com/cases/syester... Did we just become best friends? Stay connected to Quimbee here: Subscribe to our YouTube Channel ► https://www.youtube.com/subscription_... Quimbee Case Brief App ► https://www.quimbee.com/case-briefs-o... Facebook ►   / quimbeedotcom   Twitter ►   / quimbeedotcom   #casebriefs #lawcases #casesummaries