Legal Question in Consumer Law in Florida

transfer of ownership

Ok a guy walks into a jewelry store and says something about looking for a gift for his wife being it's her birthday coming up. He and the store clerk decide on a diamond bracelet. He says how much, the clerk says 300 shekels, ok the guy counts out the money and recieves a hand written reciept from the clerk BUT he says Well you know I am going out of town CAN I COME BACK TOMORROW and pick it up. The clerk says fine

No sooner does he walk out but another guy walks in and says my wife's birthday is coming up and I would to find her something nice. The clerk shows him the same diamond necklace. The guy asks the price and is told 500 shekels. The guy pays it out and recieves a receipt and he TAKES THE DIAMOND BRACLET HOME. The next day the first guy comes back from his trip and says Ok give me my diamond bracelet the guy says Can't do it. I Sold it for 500 shekels. The guy is infuriated and the clerk tells him dont' worry, he is your 300 shekels back . The guy is livid he says I dont want the money I want the necklace

He takes the clerk to court

The question is WHO owns the diamond necklace


Asked on 2/18/07, 7:23 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: transfer of ownership

You own it. Not even a close call. If he has the name of the person he sold it to, you should be able to get it. On the other hand, since he sold your necklace for $500, you would be intitled to that amount from him (not the $300 you paid -- but the $500 he received for YOUR bracelet).

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Answered on 2/19/07, 3:07 pm


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