Legal Question in Business Law in New Jersey

Case

mary offered to sell mike several pieces of chinese art at good price. mike couldn't accept the offer at the time, but he did give may $500 in return for her promise to keep her offer open for three weeks. Mike returned with agreed balance two weeks later to find that Mary already had sold the peice she had offered to sell to him. Mary explained that seh had been able to get a better price from anoth buyer. She offered to return Mike's $500 and insisted that hsi was all she was obligated to do. Is Mary right?


Asked on 5/05/09, 1:30 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Case

In brief, Mike may have a claim for damages on the theory of breach of contract. There was an offer, acceptance and consideration, so a simple contract may exist. Was anything in writing? Mike's claim may be for the cost to find a similar piece, over and above Mary's selling price. Litigation will probably be required and if there is nothing in writing, each side will be left to its proofs and the Court will decide. If no writing, be aware it is hard to prove a "verbal" contract. This is a response to an Intternet question and the reply may not be considered as either legal advice or as creating an attorney-client relationship.

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Answered on 5/05/09, 1:51 pm


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