Legal Question in Civil Litigation in Michigan

Property

Can I be Sued? See below

I had a burst pipe 12/04. It ruin my mattress in my bedroom. A friend that's been a friend for the past 36 years. He offered to buy me a mattress.Jan-Feb 05.He told me to go to Art Van where he has an account and he would pay for the mattress. I went to art van picked out the mattress with out him. Told him the cost. He went to art van signed the paper and had me setup a deliverly date. It was never a conversation about any payback, no strings attached! Never mentioned

mattress until 7/21/07. He came by my house without calling and saw someone cutting my grass. Ask me If I were dating and said yes and ask for the payment of the mattress. Keep in mind he has never seen, touched or view the mattress. I have always explained to him our friendship could never be more than a friendship because he has been married for the past 30 years. Never celebrated a birthday or any holiday or anything. Now 2 and a half years later he wants to request payment for the mattress. That he told me to pick out for my size bed. If the mattress was intended for me why does he feel I owe him money? I did not steel the mattress. He's doing this because I will not date him. As long as I was single and had no-one I guess it was ok.


Asked on 8/10/07, 5:26 pm

1 Answer from Attorneys
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Property

A judge would make the determination as to whether the mattress was a gift or a loan. Based on what you've said, it definitely sounds more like a gift, and I think the guy would have a hard time proving otherwise. I doubt he will waste his time trying to bring you to court - don't worry about it. And if he does, state exactly what you said above - that it was a gift, and now suddenly, several years later, he is asking for money for it. I think a judge will be able to see the truth.

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Answered on 8/12/07, 2:10 pm


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