Jane Doe contracts, with Richie Glover for Richie to perform at herbarbeque on July 15 from 5 pm until 9 pm. She agrees to pay Richie $5,000 in total and pays him a $1,000 deposit. They both further agree that, if either party cancels before the barbeque, that party will have to pay the other party $10,000 in liquidated damages. Jane has 300 people on the guest list. Richie calls you at 3 pm on July 15 to tell Jane that he cannot make it as he has Covid. Jane tells Richie that she wants her $1,000 back in addition to the $10,000 in liquidated damages. Richie tells Jane that he has to think about the $1,000 deposit but he is definitely not going to pay the liquidated damages. The contract is not in writing

Does Richie have any recourse against Jane to keep the $1,000

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