Legal Question in Civil Litigation in Mississippi

contract breach

I consigned with a person who sells on ebay to sell my car on march 29,2007. The car sold the next week and he sent me a check for less than he told me my part was. Now he won't give me any of the info that he said that he would provide after the sale like the final sell price, what his commision was or who purchased the car. The second week of may he still had done nothing in resolving this matter and when I asked him all the questions about the sale, he never gave me the same answers as before and just seemed to tap dance around the whole situation. Nobody ever came to pickup the car and now he says to just push it out into the field and if I sold the car it would just be him out of the money as if he wasn't concerned any more. Something is really fishy here!!! I've now put the car back up for sale after waiting 3 mos. I am moving out of state real soon and need some resolve to this issue. Is it legal for me to resell the car?


Asked on 7/05/07, 9:35 am

1 Answer from Attorneys
Albert Pettigrew Law Offices Ph 228-875-8736

Re: contract breach

The terms of your description indicate a bailment was created but the fact that you retained possession of the car indicates that a mere agency was created. A bailment requires deliver of possession of an item of personalty to an agent with instructions and authorizations for the the bailee to deliver the items to another person.

To terminate the bailee's authorizations to transfer title, you will have to look to the terms of your agreement with the bailee and what is reasonably implied by law. To resolve the potential issue with the buyer, you will need to examine all documents provided by the consignee and relied upon by the buyer. To get those documents and damages for breach of the consignment agreement, you will need to threaten suit and/or sue.

Read more
Answered on 7/05/07, 3:39 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Mississippi