Legal Question in Business Law in Maryland

sold items then returned 6 months later

i friend bought a collection (cards) from me in july 07 for $3,500.00. I had another buyer at the time for the same price, but it would have cost me a few hundred dollars in costs. he didn't have the money, but i allowed him to pay when he received a settlement check (medical). after getting the check in dec 07, he returned a part of the collection and 1,250.00 of what he sold out of it. i believe that he sold the portion of them in a week, at a lower cost, to gather funds for Christmas. his initial intent was to keep them, not sell them. he mailed the remaining cards back to me without notice or even a phone call. his reasons were it was at retail value and he could not make any money on it (from the letter included, not signed). i don't want the partial collection back, just the rest of the money owed. can i take him to court? can/should i try to sell the remaining cards to reclaim value? do i have to keep them for him if i were to go to court? would he be responsible for the difference if i cannot get the remaining 2,250 value?


Asked on 1/02/08, 7:28 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: sold items then returned 6 months later

You can take him to court because the transaction was completed at the time of delivery, save for the completion of payment, and he had no right to return the remaining cards. However, you also have a legal duty to mitigate your damages by trying to re-sell the returned cards, and he would get a credit against the $2250 owed for whatever you recoup from the re-sell. So if you actually get more than that in reselling, you would have no actual damages (except possibly for costs of the re-sell), and there would be no reason to sue him.

Read more
Answered on 1/03/08, 9:41 am


Related Questions & Answers

More Business Law questions and answers in Maryland