Legal Question in Consumer Law in Missouri

Contract Law

i recently spoke to a man who had a used transmission for my Gmc yukon we came to a verbal agreement on the price (400.00)we set up a date for me to look at it and purchase it the next day, my wifes father paid for a new transmission as a wedding gift when i found out i call the man and explained the situation ,he said he didnt care i bought it and he would bring me to court if i didnt pay him and pick it up , i had no ill intent of defrauding him ....... does he have a case .. i live in missouri he lives in kansas


Asked on 8/06/08, 6:17 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Contract Law

If I am understanding you correctly, you never looked at it, and you never promised to pay for it. If you did not promise to pay for it, you are not liable in contract.

If you did, he may technically have you on a breach of contract, but he has a duty to mitigate his damages. So if he sells it to someone else for $400 he can't sue you for any damage.

This would be small claims court, and most judges would see this as a no damages case.

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Answered on 8/07/08, 8:31 am


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