Legal Question in Civil Litigation in California
Non fulfillment of a Verbal Agreement
I agreed to supply material in
exchange for goods that the other
party produced.
I fulfilled my end and it is now going
on 2 years. I have contacted them
numerous times. I have received
many excuses as to why they have
not completed there end of the
verbal contract. I then asked for
the money I spent on goods. Now
they have informed me that they no
longer do this type of work. They
are selling the same product that
they were supposed to make for me
on a very popular internet site and
are doing so at this writing. I am in
CA and they are in KY is there
anything that I can do to have them
comply with either goods or the
money, I did send the goods via a
very well known shipping company.
There was some correspondence via
USPS and that was concerning the
type of material he needed to
produce the product I wanted.
2 Answers from Attorneys
Re: Non fulfillment of a Verbal Agreement
The obvious answer is that, if you two don't reach a resolution, you'll have to either walk away from the deal or file suit. You're running out of time to do so. If the contract price is less than $7500.00, file in small claims court. If well over that amount, consider hiring an attorney to file. If you need to do so, feel free to contact me if you and the deal are in SoCal.
Re: Non fulfillment of a Verbal Agreement
Supplementing Mr. Nelson's response, the statute of limitation for filing a lawsuit on an oral agreement is 2 years from the date of the breach. So you'd be wise to take court action soon if you don't want to lose out and be prevented from ever attempting to collect from them.
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