Legal Question in Business Law in New Jersey

Small Claims Court Defense

a friend, who is a builder, said that he would build a custom sandbox(for use at our upcoming wedding as a place card holder). He was invited and attending the wedding. At no time was a cost or price discussed, and because he did not mention anything about working up a contract or any verbal agreement to a price, we thought it was going to be his wedding gift to us. 3 days before the wedding, my husband and him had a falling out and he told me to make other arrangements. I freaked out and reminded him he told me he would do it for me and I was counting on this. He agreed and dropped it off 3 hours later. I called to thank him, and under the circumstances said I wanted to pay for him something. He told me he would return my call within the hour - never happened. I called a few hours later and no answer. 1.5 months later, he called to ask if I got his bill of $600 in the mail, which I had not. Needless to say, he sent it to collections, where still I was willing to settle and pay for materials, but he is demanding the full 600 and now going to take us to small claims court . I believe hes trying to bully us and being spiteful because he is still angry with my husband. Does he have a case? What advice can you give me?


Asked on 10/14/08, 10:11 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Small Claims Court Defense

Court is good. It is our way of peaceably resolving disputes. The suit has some vindictive overtones that the judge will probably understand. Here is a bit of law that may help you to prepare: A promise to make a gift in consideration of marriage is enforceable if the marriage takes place but only if there is some writing signed by the person who promised to make the gift. Almost anything in writing will do and a signature can be anything that the donee intends to be a signature. So, the judge probably can't find in your favor on the promise unless you have something in writing.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 10/15/08, 12:46 am


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