Legal Question in Business Law in New York
If a contract states that you may receive your deposit back "within 30 days or before delivery," then I can receive my deposit back since it has not yet been delivered or shipped to me yet correct? They are claiming the statement is meant to mean "which ever happens first" but the contract does not include those words anywhere within the contract. So am I at liberty to receive my deposit back?
Thank You
Asked on 11/20/09, 2:33 pm
1 Answer from Attorneys
David Simon
Hogan & Rossi
From the limited facts you provided, it appears you would be right if it doesn't specify. A contract is to be construed strictly against the party who drafted it. Assuming the sales company drafted it, they have to live with their poor draftsmanship!
Answered on 11/26/09, 3:45 am
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