San Francisco, July 27

A 40 year-old accountant had lost his bid to collect 38 dollars in damages from a cocktail waitress

Who broke a date with him



Judge Richard Figoney ruled yesterday in small claims court against Tom Hosley

Who sought the money from Alison Cheeselet, 31

because she had backed out on a date to accompany him to the theater

Mr. Hosley said he drove 35 miles from his home in Campbell to San Francisco

To pick up Ms. Cheeslet and was upset that she had not called him before he left home to tell him the date was off



Judge, explaining his decision, said:

"The promise to engage in a social relationship for one evening in exchange for affection and all one evening at the theater

is an impossible [?]

[?] involving a contract."



Mr. Hosley had presented the cardboard

broken heart at the theater

And Judge Figoney took note of it in his opinion



Quintilia

in the first century A.D.

observed that faint hopes are often like the dreams that waltz away

Plantiff's exhibit A for identification:

A cardboard object in the shape of a broken heart

is all that returned to the plantiff

with the court mindful of [?]

[?] there we part

Give me back my broken heart

Oh, give me back my broken heart