Legal Question in Civil Litigation in Massachusetts
merchandice never recieved
My contracter paid lumber co. with our check. He then skipped town and never ordered our merchandice. Is lumber co. liable because they processed our check?
2 Answers from Attorneys
Re: merchandice never recieved
Do I understand correctly that the lumber company received your money (paid to it by your contractor) yet never supplied the merchandise to you, your contractor or anyone else? If so, yes, you are entitled to get your money back from the lumber company.
Re: merchandice never recieved
The lumber company would only be liable to refund to you the amount of your check if they knew it was for materials he never ordered for you. Otherwise they would be a bonafide recipient of your check, if all they knew is it was paid to the contractor who used it to pay an outstanding bill to the lumber company. Consider retaining an attorney to pursue the contractor and perhaps the lumber company as well.
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