Legal Question in Civil Litigation in New York
Breach of Contract
My neighbor told my uncle XYZ that he would pay him $600 if he would build a shed in his backyard. My uncle went out and brought all the materaial needed and began the work, however my neighbor changed his mind. Does my uncle have a case for breach of contract?
2 Answers from Attorneys
Re: Breach of Contract
Yes. He can file an action in small claims court.
Re: Breach of Contract
This is a classic case of an oral agreement. Normally, a contract is enforceable if there has been an offer, an acceptance and valid consideration; and if the contract can be performed within one year, it does not have to be in writing. Under your fact pattern, it would appear that you have a legal contract and would be able to recover damages from the neighbor. However, your uncle would be required to mitigate your damages by returning any unused material. Hope this helps.
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