Legal Question in Consumer Law in Canada

Failure to sell goods after written agreement

I found a company in Canada with a number of Pinball machines for sale. We reached an agreement on the sale of 9 machines. I have a signed and dated sheet from the company listing name of machine, prices, total freight charge and deposit due. I gave the company a credit card number for the deposit. A few days later I received a call from the company saying they will not sell all of the the machines at one time, and when they decide it is time to sell the machine they will not honor the qouted price because I will be buying one at a time. (I had a multiple machine discount which is listed on the contract) Am I entitled to get these machine now for the price on their signed fax?


Asked on 2/04/02, 2:48 pm

1 Answer from Attorneys
Don Darnell Darnell & Lulgjuraj, P.C.

Re: Failure to sell goods after written agreement

In contract, when one makes an offer and it is accepted, it is a binding contract. I would have to see the sheet of paper you mentioned, but it sounds like it was an offer. If you accepted by telling them that you wanted to buy said machines, and gave them a deposit that they requested, I would think that this would be deemed an acceptance. You probably have a good contract.

The tricky part of this is whether you can sue them in the United States. This one deal may not be enough for a U.S. Court to have jurisdiction over them. More commerce of the same type here in Michigan and a court would likely have jurisdiction. Otherwise, I think you would have to sue them in Canada.

I would be interested in discussing this further if you would like to pursue enforcing this contract.

Don

734/544-7676

Read more
Answered on 2/05/02, 6:50 pm


Related Questions & Answers

More Consumer Law questions and answers in Canada