Legal Question in Legal Ethics in Hawaii

Kirby

I purchased a vaccum cleaner from kirby on the receipt attatched to the contract was the stipulation that my deposit check not be cashed untill a certain date. The check was cashed before that date, when I found out I informed Ohana Kirby that I no longer wanted to do business with him and that he has voided his contract with me. I asked him to send someone out to pick up the machine which he never did. Finally 3 months later he sent out a representative to pick up the machine. we agreeded that the would take the machine and i would get my deposit back, the gentleman wrote me a personal check as collateral then proceeded to tell me that he would deliver the check from the company to my working place. He also said that if he didnt come to go ahead and cash the personal check. He never showed and when i went to the bank to cash the check it had already been cancelled. How do i get my money back


Asked on 4/25/07, 5:35 pm

1 Answer from Attorneys
Johm Smith tom's

Re: Kirby

Banks don't have to honor postdated checks; so don't expect that anyone else will. You may have a breach of contract claim against this person, but you would need to talk to an HI attorney.

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Answered on 4/25/07, 5:46 pm


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