Legal Question in Consumer Law in Iowa

I recently ordered two med. cabinets for a bathroom remodel through a local business. The cabinets arrived at the store and transported to my home by my contractor. They were damaged during mailing. I called the store where I ordered the cabinets and the owner said there was nothing he could do and that I needed to contact the manufacturer directly. I did this but the manufacturer said I would need to go through the store that ordered them. I did this and the owner reluctley contacted the manufacterer and six weeks later the final cabinet arrived and was brought to my home The owner of the store where I ordered them has now called and insisted the old cabinets are his property and that I needed to return them. I told him I didn't see how they could be his since they were replacements for merchanise I paid for and that the manufacture did not want the damaged items returned. The manufacturer did not bill the store for any replacement parts. Since the name of his store is on the bill and they went to his store prior to their delivery to my home, is he the legal owner of the damaged med. cabinets ? He is threatening me with legal action if they are not returned to him.


Asked on 2/14/10, 12:00 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

I cannot understand why you would want to argue about who owns cabinets that were too damaged for you to use. Ignoring that, since you only paid for two cabinets, I cannot think of any good argument, legal or otherwise, that you would be entitled to more than two cabinets. Even by your own admission, the new cabinets are "replacements" which is generally defined as "the act of furnishing an equivalent thing in the place of another" not furnishing an equivalent thing in addition to another.

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Answered on 2/19/10, 12:50 pm


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