dissenting.
Defendant Linda Steele, a travel agent, appeals from the small claims judgment entered against her for $1,348 plus costs, representing the amount plaintiffs Ben and Carol Douglas paid for a Hawaiian vacation. Having reviewed the record and ap*591plicable law, I would reverse the judgment.
Plaintiffs filed this action on March 9, 1989. They alleged in their small claims affidavit that Defendant was indebted to them in the sum of $1,348 “for travel [and] hotel monies.” On April 7, 1989, the matter was tried to the court. All parties appeared pro se. Plaintiff Ben Douglas and Defendant were the only witnesses to testify. After hearing testimony and reviewing exhibits offered by the parties, the trial court entered judgment in favor of Plaintiffs. Defendant has appealed.
The proceedings before the trial court were not stenographically transcribed. In lieu of a transcript, the trial judge settled and approved a narrative statement of the evidence, in accordance with Civil Appellate Procedure Rule 1.22, 12 O.S.Supp.1990, ch. 15, app. 2. We are bound by the evidence presented therein, along with review of the court clerk’s file. See Hamid v. Sew Original, 645 P.2d 496 (Okla.1982).
The approved narrative statement reads as follows:
IN THE DISTRICT COURT IN AND FOR PAYNE COUNTY STATE OF OKLAHOMA
BEN C. AND CAROL DOUGLAS,
Plaintiffs SC-89-224
Vs
LINDA STEELE d/b/a THE TRAVEL HAUS, INC.
Defendants
COURT’S FINDINGS OF FACT AND NARRATIVE STATEMENT OF THE TESTIMONY AND EVIDENCE PRESENTED AND RELIED ON IN ITS JUDGMENT ENTERED HEREIN ON APRIL 7, 1989.
This case came on for trial on April 7,1989. The plaintiff, Ben C. Douglas, testified that he and his wife were planning a twenty-fifth anniversary trip to Hawaii; that they sought the services of the defendant in making this trip, and from the various trips suggested by the defendant made their selection — Total Hawaii. Douglas further testified he paid $1,348.00 to defendant in cash for said trip, and was given a receipt for this amount by the defendant. Douglas further testified, when they heard nothing further from defendant and received no tickets, they made inquiries and were eventually told by the defendant that the sponsoring tour company had gone bankrupt. Douglas testified they never received a trip of any kind, nor any refund from the defendant. The Court does not recall any specific testimony regarding defendant’s commission.
As to plaintiffs Response to Narrative Statement, filed herein on August 3, 1989, the Court does not recall any testimony with reference to plaintiffs’ son, nor any exhibits being offered, other than the exhibits (a) The Travel Haus, Inc. check dated March 3, 1986, payable to Total Hawaii, in the sum of $1,213.20, and (b), The Travel Haus, Inc. receipt dated March 4,1986 to Ben Douglas in the sum of $1,348.00, attached to said defendant’s Offer of Narrative Statement, filed here on May 17, 1989.
Court does not recall any specific testimony as to plaintiffs’ attempt to have this matter mediated by the Payne County Dispute Center; however the Court recalls Douglas’ statement to the effect that they had been unable to get any satisfaction from the defendant or to resolve the matter since the time of the transaction, and thus filed this law suit.
The Court concurs with plaintiff that the defendant did not raise any issue about this law suit having been brought against the wrong party defendant.
As to the defendant’s Amended Narrative Statement, filed herein on July 24, 1989, the Court recalls that Ben Douglas testified that they were offered a selection of Hawaiian trips to choose from by the defendant, and that the plaintiffs selected Total Hawaii from among the various trips suggested by the defendant. The Court does not recall any testimony about the plaintiffs first attempting to pay for the trip by credit card, only that cash had been paid by the plaintiffs for the trip.
*592Linda Steele testified she suggested another tour operator, but that the plaintiffs refused her suggestion and insisted on the Total Hawaii trip, amd [sic] she merely did what they requested, and mailed in a cheek to Total Hawaii. Steele testified she later learned that Total Hawaii had filed a bankruptcy action and she notified the plaintiffs of this fact.
When both parties had rested the Court announced its findings and judgment: that the plaintiffs were offered a selection of trips to choose from by the defendant; that plaintiffs relied on the defendant’s services and recommendations in selecting a trip from the several suggested by the defendant; that the plaintiffs received nothing in return for their $1,348.00 cash consideration; that the defendant and not the plaintiffs should have pursued the claim in the bankruptcy action. Judgment was entered for the plaintiffs in the sum of $1,348.00, plus court costs on April 7, 1989.
Dated this 6th day of September, 1989.
/s/
LOIS BELDEN
Special District Court Judge
Keith Thomas
715 S. Husband
Attorney for plaintiffs
Stillwater, OK 74074
Kelly Hays
Attorney for defendant
215 McElroy, Suite 7
Stillwater, OK 74074
The only facts appearing in the narrative statement are that (1) Plaintiffs sought Defendant’s services in planning a trip to Hawaii; (2) although Defendant suggested another tour, Plaintiffs requested the Total Hawaii package; (3) Plaintiffs paid Defendant $1,348 in cash; (4) Defendant forwarded $1,213.20 to Total Hawaii; and (5) When Plaintiffs failed to receive their tickets, they “made inquiries and were eventually told by the defendant that the sponsoring tour company had gone bankrupt.”
It is Plaintiffs’ obligation to prove the elements of the contract with the defendant travel agent. It is also Plaintiff’s obligation to prove a breach by Defendant of that contract.
The majority’s affirmation of liability on the part of the travel agent is based on the conclusion that the agent failed to exercise reasonable diligence in ascertaining the financial condition of the tour company selected by Plaintiffs. This conclusion is based on sheer speculation. From the record before us, I find that Plaintiffs did not produce evidence sufficient to support a conclusion that Defendant knew or could have known of the impending bankruptcy. Defendant could have suggested an alternate tour for a variety of reasons unrelated to the tours’ relative solvency. There is nothing in the record by which to infer that Defendant had access to inside information, unavailable to Plaintiffs, regarding Total Hawaii’s status. Neither is there any evidence by which to infer that, at the time Plaintiffs chose Total Hawaii, its bankruptcy was, if known at all, anything more than a potential threat. See United Airlines, Inc. v. Lerner, 87 Ill.App.3d 801, 43 Ill.Dec. 225, 410 N.E.2d 225 (1980). Finally, there is no evidence in the record before us that Defendant did in fact fail to make reasonable inquiry and/or to timely disclose known material information.
I would reverse the judgment of the trial court.