Legal Question in Business Law in Missouri

Re: Failure of customer to pick up finished product

In failing to respond to your repeated requests to pick up the bed, the original customer breached the contract with you for the custom-built bed. Let's say the price of the bed as you agreed to it was $400. He owed you another $320 plus a reasonable amount for storing the bed for five weeks (let's say another $50). Now, if you sold the bed for $500, you mitigated your damages in full and you should refund the deposit.

If you sold the bed for $100, then you were paid $180 for a bed that you would properly have been paid $400, and you have a cause of action against the original owner for $220. You can choose to cut your losses and just keep the money you got.

If the original customer decides to sue you then you can counterclaim. But at this point, if I'm the judge, I side with you. I assume you have records of the calls to show that you did try to contact him, etc?

If you did not have him sign a written contract, you need to consider having all customers do one from here out. The contract should say that if you don't pick up the work in 10 days you forfeit your deposit and the work will be sold to the highest bidder and the customer in breach will be responsible for the difference. You should consider getting a lawyer to draft such an agreement up for you.

Best of luck to you.