Legal Question in Civil Litigation in California
I was named as the ONLY defendant in a small claims for a sales
agreement signed ONLY by my wife. Am I the rightful defendant?
the plaintiff is a local shop. they claimed they have completed their
delivery and demanded payment for the balance due, and we disagreed.
After a third party intervention (local factory rep), they agreed to
fulfill the delivery partially, but changed the term to prepaid.We
disagreed, and hence this law suit. They named me and me only as the
defendant in the court filings, whereas the sales agreement has only
my wife's name on it. Am I the rightful defendant or should this case
be dismissed?
1 Answer from Attorneys
If the items purchased were for your common usage, which would be presumed, then you wuld be equally liable for the purchase price. If the Judge/commissioner/volunteer attorney feel that you had a legitimate dispute then they very well might find that you owe for what was delievered [assuming partial delievery is of use to you] but not the rest as the seller did change a basic term of the contract. You will have a stronger case if the reason for not paying upfront is you can not reasonable expect them to give you the merchandise or that it wil be in good shape.
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