Legal Question in Civil Litigation in Florida

Can I get a refund?

I was recently in the process of opening a restaurant. I obtained an estimate from a hood installer at which time he told me that a local restaurant supply company had a great hood for $3000. I gave him the money for the hood and he gave me a receipt from the hood company.

This was a few months ago. The thing is, we have decided not to open the restaurant. We were seeking a refund for the hood and the restaurant supply company told me that the hood guy picked up the hood. When I spoke to the hood guy, he said that the hood was at the restaurant company. This has been back and forth until today, the restaurant company told me that my hood was in their other warehouse and I can pick it up if I want it.

I told them I wanted a refund to which they stated that they were not sure if they could do that and their manager will not be in until next week. I have several concerns including the fact that I don't even believe that the hood that they are alleging is mine is in fact mine and I just want my money back since it was never picked up. Could I get a refund? Should I go to small claims court? I just don't know what to do at this point. I just know I need my money back.


Asked on 10/29/07, 6:05 pm

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

Re: Can I get a refund?

You have a contract and they owe you a hood. There is no way that I see to get a refund. Conceivably, if they have not done yours, you could cancel the contract and they would only be entitled to their lost profit. Go and try to work something out directly with them.

Read more
Answered on 10/29/07, 11:41 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Florida