Legal Question in Civil Litigation in California
Civil litigation Contract Enforcement
I have an express contract that with the exception of the check i sent for the goods was an entirely oral contract. I purchased $10,000 of lumber, for a remodeling project from a private person that is not in the business of selling goods. After receiving the lumber i want to return it as i consider it inferior in quality. He has refused to accept a return. I have no bill of sale. Is this contract enforceable in court if i file a compliant for contract breach? Thank you.
2 Answers from Attorneys
Re: Civil litigation Contract Enforcement
Oral contracts are as valid and legally enforceable as written contracts; proving an oral contract is the problem. Obviously you paid $10,000 for something (and you have the check to prove it). In your case, the question to be decided is whether or not your oral agreement to pay $10,000 for the lumber included you and the selling having a "meeting of the minds" as to the type or quality of the lumber.
The relevant questions in the dispute include:
Did the seller misrepresent the kind of lumber he sold you? Did he misrepresent the condition or quality? Did you specify a particular grade of lumber? How poor is the quality? Would the average, non-lumber-selling individual who had $10,000 worth of lumber on hand know that the lumber he was selling would not be suitable to your remodelling project based upon what you told the seller about your intended use of the lumber? Did you inspect any part of the lumber before purchasing it?
Re: Civil litigation Contract Enforcement
Oral contracts are as valid and legally enforceable as written contracts; proving an oral contract is the problem. Obviously you paid $10,000 for something (and you have the check to prove it). In your case, the question to be decided is whether or not your oral agreement to pay $10,000 for the lumber included you and the selling having a "meeting of the minds" as to the type or quality of the lumber.
The relevant questions in the dispute include:
Did the seller misrepresent the kind of lumber he sold you? Did he misrepresent the condition or quality? Did you specify a particular grade of lumber? How poor is the quality? Would the average, non-lumber-selling individual who had $10,000 worth of lumber on hand know that the lumber he was selling would not be suitable to your remodelling project based upon what you told the seller about your intended use of the lumber? Did you inspect any part of the lumber before purchasing it?
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