Legal Question in Credit and Debt Law in Massachusetts

Company will not honor agreement..manager said

we are a small llc company that makes popcorn.we made an arangement with a local large farm to pop kettlecorn and sell it on weekends.the farms manager said bill them the agreed amount and they would pay the invoice.they would collect the money and we would keep track of the amount we popped. we shook hands..crazy.

the farm paid the first few invoices but as the season got busy our popcorn sales also increased..it was almost 5 weeks before we asked to speak to the general manager about the payment being overdue..he claimed it was the first he saw the bills we sent and since he was not the one who made the agreement in the first place he felt it was way too much money..he didnt say we were inflating the numbers but did say the sales did not reflect the figures we submitted''he adjusted those figures and paid what ''he thought was fair..at one point we had all the popcorn verified before it went to any customers or on the shelf.this was hard to do because people line up and wait as long as an hour.trying to find a person to count the bags was chalenging but we did it to prove that the numbers we were saying were in fact honest numbers.the manager said he will not pay the bills because he didnt make as much as we

billed for.now wha


Asked on 11/25/06, 1:50 am

1 Answer from Attorneys

Dmitry Lev The Lev Law Firm

Re: Company will not honor agreement..manager said

These transactions are governed by Article II of the Uniform Commercial Code, dealing with sales of tangible goods. Their acceptance of your product suggests to me that you can sue to recover the balance owed; however please contact my office in order to provide more detail about the arrangement and what took place.

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Answered on 11/27/06, 1:12 am


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