Vokes v. Arthur Murray

Vokes v. Arthur Murray, Inc., Florida Court of Appeals, 1968 (212 So.2d 906)

Plaintiff Mrs. Audrey E. Vokes, a widow of 51 years and without family, had a yen to be "an accomplished dancer" with the hopes of finding "new interest in life." So, on February 10, 1961, a dubious fate, with the assist of a motivated acquaintance, procured her to attend a "dance party" at Davenport's School of Dancing" where she wiled away the pleasant hours, sometimes in a private room, absorbing his accomplished sales technique, during which her grace and poise were elaborated upon and her rosy future as "an excellent dancer" was painted for her in vivid and glowing colors.

As an incident to this interlude, he sold her eight 1/2-hour dance lessons to be utilized within one calendar month therefrom, for the sum of $14.50 cash in hand paid, obviously a baited "come-on."

Thus she embarked upon an almost endless pursuit of the terpsichorean art during which, over a period of less than sixteen months, she was sold fourteen "dance courses" totalling in the aggregate 2.302 hours of dancing lessons for a total cash outlay of $31,09045, all at Davenport's dance emporium.


At one point she was sold 545 additional hours of dancing lessons to be entitled to the award of the "Bronze Medal" signifying that she had reached "the Bronze Standard," a supposed designation of dance achievement by students of Arthur Murray, Inc.

Later she was sold an additional 926 hours in order to gain the "Silver Medal," indicating she had reached "the Silver Standard," at a cost of $12,501.35.

At one point, while she still had to her credit about 900 unused hours of instructions, she was induced to purchase an additional 24 hours of lessons to participate in a trip to Miami at her own expense, where she would be "given the opportunity to dance with members of the Miami Studio."

She was induced at another point to purchase an additional 126 hours of lessons in order to be not only eligible for the Miami trip but also to become "a life member of the Arthur Murray Studio," carrying with it certain dubious emoluments, at a further cost of $1,752.30.
At another point, while she still had over 1,000 unused hours of instruction she was induced to buy 151 additional hours at a cost of $2,049.00 to be eligible for a "Student Trip to Trinidad," at her own expense as she later learned.

Also, when she still had more than 1,000 unused hours to her credit, she was prevailed upon to purchase an additional 347 hours at a cost of $4,235.74 to qualify her to receive a "Gold Metal" for achievement, indicating she had advanced to "the Gold Standard."

On another occasion, while she still had over 1,200 unused hours, she was induced to buy an additional 175 hours of instruction at a cost of $2,472.75, to be eligible "to take a trip to Mexico."

Finally, sandwiched in between other lesser sales promotions, she was influenced to buy an additional 481 hours of instruction at a cost of $6,523.81 in order to "be classified a a Gold Bar Member, the ultimate achievement of the dancing studio."

The Moral of the story?

The dance studios had falsely represented to her that she was improving in her dancing ability, that she had excellent potential, that she was responding to instructions in dancing grace, and that they were developing her into a beautiful dancer, whereas in truth and in fact she did not develop in her dancing ability, she had no "dance aptitude," and in fact had difficulty in "hearing the musical beat."


The complaint alleged that such representations to her "were in fact false and known by the defendant to be false and contrary to the plaintiff's true ability, the truth of plaintiff's ability being fully known to the defendants".

It was averred that the lessons were sold to her "in total disregard to the true physical, rhythm, and mental ability of the plaintiff." In other words, while she first exulted that she was entering the "spring of her life," she finally was awakened to the fact there was "spring" neither in her life nor in her feet.
 

I'm a Big Dufus and I Don't Know What To Do. Tang-Tang-Tang-A-Lang-Tang-A-Lang