Legal Question in Business Law in New York

Refusal by payee to accept payment.

I run a business and owe another company about $475.00. I tried to establish a $50.00 payment arrangement with the owner of that company while standing outside of my business. He proceeded to tell me that $50.00 wouldn't even get him a hair cut. He refused to accept payment at that time and has, since then, turned the account over to his attorneys. Now his attorneys are willing to accept payments from me but I have reason to believe that he voided the contract when he refused the payment. Is that contract void per the conversation that I had with him or do I owe the money to his attorneys now that they are willing to accept the payment?


Asked on 4/18/05, 10:33 am

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Refusal by payee to accept payment.

If you owe the money, you owe the money. While his refusal to accept payment might affect the value of his damages or may factor in his failure to mitigate, the fact that he refused to accept payment at the time alleviates your responsibility to him for services that were rendered.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 4/18/05, 10:54 am


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