Ahmed Al Harby v. David E. Saadeh, Doing Business as the Oasis Travel, and Kuwait Airways Corp.

Kuwait Airways Corp. appeals a judgment awarding Ahmed A1 Harby $4,514 for breach of contract.

The district court found a breach when passenger Harby, who had purchased an “open return” ticket, was unable to book a flight when he was ready to return to the United States. He claimed that he was stranded in Yemen for ten days because the airline could not provide him timely return reservations.

A travel agent, David E. Saadeh of the Oasis Travel in San Francisco, sold Harby the Kuwait Airways roundtrip, open-return ticket which provided for transportation from San Francisco to Yemen and return for $1,706. Saadeh had made no reservation for Harby’s return because Harby was uncertain of his desired return date.

Harby departed San Francisco for Yemen on July 23, 1983. After completing a stay of approximately ten weeks, Harby contacted Bilqis T & Tour, a travel agent in Yemen, to make a reservation for a return flight to San Francisco. Bilqis said Harby would have to come to Sanaa in order to confirm a reservation on the next Kuwait Airways flight. Upon arriving in Sanaa, Harby was told there was no room on the Kuwait Airways flight departing that date, and the next Kuwait Airways…