Legal Question in Business Law in New York

When is a contract legal (and, more importantly, when not)? If a company (in New York) signs a contract you had previously signed months ago AFTER you email saying you withdraw, is the contract binding?

Briefly, out of state freelancer work, I signed contract, they were to sign and send to me. After weeks of trying to get it and some was work delivered to them, they finally say it is unsigned (on phone and in email). I repeatedly call and email saying I'm concerned (they say again they hadn't signed it and wanted another form signed first). I make the last make/break call. Literally 1 min! after my final follow-up email saying I'm done they email a signed contract (they admit running upstairs to grab the signature after the call then and had scratched out the name on the sig line that had been there for someone else in the company).


Asked on 7/26/13, 11:01 am

1 Answer from Attorneys

Though there are some common law principles and case law that would support your position, the only way to resolve this definitively would be through litigation. Since litigation is costly generally such matters are resolved through additional negotiations and/or by asserting certain a legal stance.

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Answered on 7/26/13, 12:51 pm


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