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- Path: sparky!uunet!stanford.edu!rutgers!cmcl2!panix!lkk
- From: lkk@panix.com (Larry Kolodney)
- Newsgroups: misc.legal
- Subject: Re: Do I have a case?
- Keywords: small claims court, contract, binding
- Message-ID: <1992Dec25.000725.26552@panix.com>
- Date: 25 Dec 92 00:07:25 GMT
- References: <1992Dec23.203122.29854@microsoft.com>
- Organization: The Devil's Advocate
- Lines: 30
-
- In <1992Dec23.203122.29854@microsoft.com> steveco@microsoft.com (Stephen Cox) writes:
-
-
-
- >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?
-
- Yes. There's another word for "agreement"... "contract." You have a
- contract with your friend.
-
-
- >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.
-
- If you agreed to buy the item for your friend, and your friend agreed
- to pay you for it when it arrived, this is an oral (or email?)
- contract. You can sue him for breach of contract.
-
- N.B.: You should try to return the item, since you have an obligation
- to mitigate damages. If you can't return it, then sue.
-
- --
- larry kolodney:(lkk@panix.com)
- _(*#&)#*&%)@(*^%_!*&%^!)*+!*&$+!?&%+!*&^_)*%)*&^%#+&
- The past is not dead, it's not even past. - Wm. Faulkner
-