San Francisco, July 27
A 40-year-old accountant has lost his bid
To collect 38 dollars in damages from a co*ktail waitress
Who broke a date with him
Judge Richard Figoni ruled yesterday in small claims court against Tom Horsely
Who sought the money from Alison Cheeslet, 31
Because she had backed out on a date to accompany him to the theater
Mr. Horsely said he drove 25 miles from his home in Campbell to San Francisco
To pick up Miss Cheeslet and was incensed that she had not called him
Before he left home to tell him the date was off
The judge, explaining his decision, said
"The promise to engage in a social relationship for one evening
In exchange for affection and/or one evening at the theater
Is unenforceable under the law of context of torts.
A tort is a civil wrong when involving a contract."
Mr. Horsely had presented the cardboard broken heart at the theater
And Judge Figoni took note of it in his opinion
Quintilian in the first century A.D.
Observed that faint hopes are often like the dreams that waltz away
Plaintiff's exhibit A for identification:
A cardboard object in the shape of a broken heart
Is ordered returned to the plaintiff
With the court mindful of Lord Byron's admonition
Maid of Athens, 'ere we part
Give me back my broken heart
Oh, give me back my broken heart