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Argh. My photographer DIED on me!

So...Aug. 9th, my fiancee and I were supposed to have our engagement photos with our photographer. We arrange to meet and the photographer never showed. We placed some phone calls, still no answer. We come home, we send some emails to him...Still no response. I tried contacting the San Diego Bridal Bazaar, where we found this guy...They couldn't reach him.Finally, we sent him a termination of contract letter, stating we wanted a refund due to him not showing and breaching the contract.A month goes by, and still nothing. So last week Tues. I went down to the courthouse and filed a small claims case to get our $250 back. And today, I check my email to see an email from the San Diego Bridal Bazaar that informs me the photographer passed away last week Thurs.Fortunately, we've hired another photographer after we sent the termination letter, so we're good in that respect...But am I heartless to want my deposit back since the photographer can't meet what was signed in the contract? Some people may say that it's only $250, but that is the same amount we gave our NEW photographer for his deposit...I really can't just eat it, what with costs being what they are...My mom thinks I should just hold off and see if his wife, who was co-owner of the business, sends us a refund or not, but at the same time, it's been over a month and we haven't heard ANYTHING from anyone as to what happened, other than through a third party.
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Re: Argh. My photographer DIED on me!

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