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- Newsgroups: misc.legal
- Path: sparky!uunet!microsoft!wingnut!steveco
- From: steveco@microsoft.com (Stephen Cox)
- Subject: Do I have a case?
- Message-ID: <1992Dec23.203122.29854@microsoft.com>
- Date: 23 Dec 92 20:31:22 GMT
- Organization: Microsoft Corporation
- Keywords: small claims court, contract, binding
- Lines: 52
-
-
- HELP!
-
- I'm considering taking someone to small claims court and would like
- some feedback on whether or not I have a case.
-
- If I buy something "on the behalf of someone else" and they keep
- promising to pay but don't and then eventually change their mind
- and tell me that they don't want the stuff after all can I sue
- them in small claims court to make them pay what they had agreed to?
-
- Specifically, A "friend" of mine wanted to order something from a
- mail order catalog. There was a time crunch to get the order in
- so I agreed to pay for the order up front and they could pay me
- back. They were suppose to pay me back right away and then I would
- deliver the item to them when it came in.
-
- A month went past without my getting paid and the item came in and
- now they decided that they no longer want it. It's a possibility
- that I *might* be able to return the item but even then I'll be out
- the shipping costs (both directions) and it's possible that it might
- not be returnable at all.
-
- My only real concern is that, since I paid for the item and it was
- delivered to me that I may be stuck with it. But I wonder if our
- casual agreement is considered a legally binding contract?
-
- A similar scenario...
- What if I agree to buy your car and pay you when you bring it to me?
- You do as we agreed and bring the car to me and I give you a check.
- But later that day I contact you and tell you that I've changed my
- mind (nothing to do with the car, I just decided I don't want to do
- business with you for one reason or another) and I'm stopping payment
- on the check and returning the car to you. Aren't I legally committed
- to buying the car? Am I on the right train of thought here?
-
- Since this was done via email I do have copies of our email conversations
- over the past month which document our original agreement and also show
- an extensive pattern of promising to pay and not fulfilling that promise.
-
- What do you think? Do we indeed have a contract? I don't even
- care about the money anymore, I just refuse to be taken advantage
- of. All I want it for this person to do as they had agreed.
-
- Thanks for any feedback you may have or suggestions on where I can
- find more (free or reasonably-priced) advice.
-
- -Steve
-
-
- --
- "When the going gets weird, the | Stephen Cox - Professional Wierdo
- weird turn pro." - Hunter S. | Microsoft Consumer Sales
- Thompson, American journalist. | email: steveco@microsoft.com
-