Legal Question in Credit and Debt Law in Massachusetts

Paying wrong price for diesel at store.

Question: I recently bought diesel from a gas station, after I paid 'in the store', (the owner personally put the amount the of the transaction into the register, I did not pay at the pump), with a receipt stating how much the diesel was per gallon, $1.619. He now is upset that he was charging me the wrong price, even though that was the price on the pump station itself, not the paper sign on top, but the digital price on the pump. He is upset that I did not point out that he was undercharging me. Anyway, he now wants me to pay the difference. Am I legally obligated to pay the difference? Like I said, that was the price on the pump, and he personally put the transaction in the register and handed me the reciept... Do I have to pay that back?? I don't think I ''legally'' did anything wrong. He has threatened to call the cops and get a lawyer. I might add that I filled my tank (of course), altogether, I purchased $150.00, which is what I would have spent regardless of the price, I ended up with about 90 gallons of diesel... BTW, he is now calling my home.


Asked on 8/14/08, 3:56 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Paying wrong price for diesel at store.

The price is what is said on the pump. This is required, and this is what you have to pay. If he thinks he has a legal basis to charge you the difference, tell you.

Keep the receipt. If you want to be sure, contact the police and explain that this person is threatening you.

If he is harassing you at home, that is another reason to call the police.

if you need assistance, contact me.

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Answered on 8/14/08, 10:37 pm
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: Paying wrong price for diesel at store.

Usually, a cash transaction is complete upon payment, and absent any fraud, duress or lack of capacity, cannot be rescinded.;) Please feel free to contact my office for a free initial consult based upon the facts of your specific situation.:)

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Answered on 9/06/08, 12:05 am


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