Legal Question in Business Law in Maryland

Breach of Verbal Contract

In mid October 2003, my colleague decided that he was interested in my uncle's janitorial supplies and wanted to buy them. About 3 weeks later, my colleague picked up the supplies from my uncle. My colleague then spoke with my uncle regarding a fair price. They agreed upon a price of $225, however my colleague stated that he only had $50 on him and would pay my uncle the rest via me. After a month of not hearing anything from my colleague, I called him to ask him what was going on and I attempted to establish a payment plan he could follow. Weeks went by with no contact from this colleague after he agreed to pay me on a weekly basis. Later on I saw him in person and he wrote down an IOU / payment agreement on a piece of paper but again I've seen nothing. I called him again and heard the same song and dance ... ''oh yes I'm going to pay you but I want to do it all at once''. I told him that he needed to give me something out of good faith and that was a month ago. I am getting tired of this game. My uncle simply wants to be paid the rest of the $175 due to him. From what I've read, my uncle and colleague entered into a verbal contract which I believe is binding. What course of action do we have to recoup our $175?


Asked on 1/30/04, 1:07 pm

2 Answers from Attorneys
Richard S. Stolker Uptown Law, LLC

Re: Breach of Verbal Contract

File a Small Claim in the District Court of Maryland (you can get a copy of the Complaint form that you need on the Internet at http://www.courts.state.md.us/district/forms/civil/dccv01.pdf). The filing fee is $10.00, plus the service fee (which is usually less than $10.00). You will get a trial before a judge within about 90 days and you will have an opportunity to explain the facts. Based on what you have said, you have a good chance of getting a judgment in your favor.

Richard S. Stolker,

Uptown Law, LLC,

Telephone 301-294-9500

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Answered on 1/30/04, 1:17 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Breach of Verbal Contract

Verbal contracts present difficulty in enforcement. All business dealings should be based on written contract. Nonetheless, file a small claim and present your evidence. Good luck.

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Answered on 1/31/04, 7:49 pm


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