Katie Bohunk was a talented photographer. Photography had always been her hobby and in her art class at DeAnza, her instructor suggested that she sell some of her best work. Katie told her instructor she did not feel comfortable asking people to pay for her art.

Jonathan Seles overheard the conversation, and approached Katie after class saying he would be willing to sell some of her pictures at the Saratoga Art and Wine Festival in exchange for 25% of the sales price of any photographs he sold.

Katie agreed to have Jonathan sell her pictures in exchange for the 25% of gross proceeds - anything unsold would be returned to Katie. Katie told Jonathan she would bring her best 50 framed photographs to him by June 1. The festival was June 8. Jonathan secured a space at the festival at a cost of $500, purchased an open-air tent for $400, made advertising signs for $600 and purchased supplies to sell Katie's work at a cost of $600.By June 5 Katie had not delivered any photographs to Jon and told him she was no longer interested - she felt she would be selling out and would cease to be artistically pure.

Jonathan was unable to get his money back for anything except the supplies of $600. Katie did not answer a demand letter that Jonathan sent her demanding $1500 in net costs incurred - so Jon has initiated a lawsuit against Katie for damages.

Does Jonathan have any rights here? If not, why not, if so, why? What kind of damages is Jonathan seeking from Katie?