Prove it!

Brandon Torres wasn’t one to take shortcuts. He grew up in Winston-Salem, North Carolina, where his dad ran a small hardware store and believed in two things: never miss a Panthers game, and always pay people what you owe them.

So when Brandon launched Torres Talent Management, a boutique firm helping indie producers get their music into streaming deals, he handled his contracts with care — straightforward language, clear percentages, and no wiggle room for “I thought we agreed…” conversations.

The Break

One of his first clients was Devin Mack, a flashy 20-something music producer from Greensboro who wore sunglasses indoors and referred to himself exclusively as "MackBeats." Devin had talent. He could turn a lo-fi vocal recording into something that sounded like it belonged on a Drake album. Brandon believed in him and signed him to a contract that would make Brandon his agent for two years.

The deal was simple: Brandon would help secure opportunities and handle some of the business stuff, and in return, Devin would pay him 15% on any income from music placements, copyright royalties, and related deals.

For the first couple of months, they worked like a dream team. Brandon got Devin in front of the right people, and pretty soon, Devin was ghost-producing for two small record-label-backed LLCs. Checks started coming in. But not to Brandon.

Brandon hadn’t kept a detailed record of every call, intro, or conversation. He figured the results spoke for themselves. After all, the tracks were getting released. What could go wrong?

At first, Brandon thought it was a glitch. He sent a polite email. Then a follow-up. Then a “Hey man, just circling back on the royalty breakdown…” text. Crickets.

Three months later, Brandon opened Spotify and found Devin’s tag on four new tracks, all produced under the LLCs Brandon had introduced him to. And still, not a dime.

So, Brandon sued.

Courtroom Clash

Devin’s defense? He claimed the agreement was never really valid in the first place. Said it was “unconscionable.” Claimed Brandon hadn’t really done much to help him and that Brandon was the one who failed to perform. “I only didn’t pay him,” Devin said in court, “because he wasn’t doing his part! And besides, he can’t prove he actually helped.”

Brandon’s mouth dropped after hearing Devin spout such bold falsehoods!

The first judge looked at the contract, nodded sagely, and granted Brandon a win on liability, saying Devin had clearly breached the agreement. Another judge later handled damages.

But Devin wasn’t done yet. He appealed.

The appellate court? Well, they had a slightly different view. Turns out Devin’s argument, that Brandon didn’t hold up his end of the deal, raised factual questions that should’ve been hashed out at trial. Brandon said he landed the LLC deals, but Devin said those deals were already in motion when Brandon came along. Brandon said he provided the introductions, but Devin said Brandon then vanished without providing ongoing support. Who was right? Who was wrong? Whose was telling the truth? Who was lying?

According to the appellate court, the lower court couldn’t say Brandon was right without Brandon proving that Devin was wrong!

Takeaway for Business Owners

So dear business owners, remember:

If you want to enforce a contract, make sure you can disprove any claim that you didn’t keep your end of the deal.

This story is based on a real court case, with names and details modified for clarity and confidentiality. The legal principles remain the same, providing important lessons for business owners facing similar situations.

Are you wondering about any of the issues mentioned above? Please email us at info@wilkinsonlawllc.com or call (732) 410-7595 for assistance.

At Wilkinson Law, we give business owners the clarity they need to fund, grow, protect, and sell their businesses. We are trustworthy business advisors keeping your business on TRACK: Trustworthy. Reliable. Available. Caring. Knowledgeable.®