Legal Question in Civil Litigation in Minnesota

Breach of contract on sale

I am in Ontario, Canada. On the Net, I found a plane in Minnesota. We negotiated by Email and came to an agreement on price, dates, method of payment, etc. To further ensure the deal, we had negotiated an Agreement to Purchase that the seller was going to fax signed this weekend. The emails clearly establish an "agreement" (I reviewed the contract provisions in U.S. U.C.C.). I was dealing with the person who had identified herself as executor for an estate. Last night, I got a call from her brother indicating that another person had put down a down payment. They considered it sold. I have advised them that I consider us to have had an "agreement". If they do not honour that agreement, can I commence action in a Minnesota court with an agent on my behalf? Can Emails be used to establish the "agreement"? The UCC speaks to "written" in a very general form and I know that contracts do not even have to be written to be valid. Should I be seeking an injunction? Which court handles this type of dispute? Since the agreed price (kitplane 90% completed) was selling for $15,000 less than the price for a completed one, can I sue for damages based on the fact I would now have to pay $15000 more for the same plane?


Asked on 3/22/98, 3:15 pm

1 Answer from Attorneys
Doug Turner Law Office of Douglass E. Turner

Reply to Breach of K

You have asked many questions in this E-mail in which the answers depend on certain specific facts. Many of the questions depend on if you are willing to spend some money to litigate the issues. I am not so sure an E-mail is a contract according to the UCC, and many of your other questions depend on whether you are willing to spend some money to get some relief. I do not give free legal advice to anyone, especially over the internet. I am not your attny, but would consider representing you with a signed retainer agreement and fees. I am sorry I cannot be of more help there are too many issues to get involved with this question via the internet.

I do not know what your expectations are from this question. If you need an attorney to represent you in MN I can represent you. If you need a phone consultation please call at 612-917-7777.

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Answered on 4/03/98, 9:55 am


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