Legal Question in Business Law in Delaware

An aquaintence of my husband dropped off a non-soliced piece of art (his own work) at our church about 3 years ago and insists that we commissioned him to do it and owe him money. It's not true. It's his word against my husbands. He won't come and get it and mentioned he might want to sue us. We have told him several times that he is out of line and that we never ordered it and don't and never did have the money for it. What are our rights and what legal ground does he have?

Thanks

~ Lisa


Asked on 4/18/11, 12:39 pm

2 Answers from Attorneys
Glenn Brown Real World Law, P.C.

What is the purported value of the artwork? Does the artwork have a resale value? Is it likely that the artist can prove a contract exists for the sale of the work? Yes I have a Delaware office.

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Answered on 4/18/11, 1:29 pm
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say the following. It's up to the artist to prove he had a contract with your church and that it was not a donation - which appears more likely. When did he first ask for money? If it was just recently, and 3 years have gone by, he is in an even weaker position. Unless he uses small claims court, a lawsuit would be very expensive for him to bring. He saying he "might" want to sue you is very likely an idle threat. I'd write him a letter documenting his donation (if that in fact was the case), the time that has gone by, etc., and advise him to talk to his accountant about a charitable tax deduction. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 4/20/11, 8:46 am


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