Legal Question in Civil Litigation in Pennsylvania

Contract

Signed a contract that was supposed to be for purchase of machine to accept credit cards for a small business. Turned outto be a lease that end up with us not owning the machine.Took the word of telephone salesman & did not read carefully enough.Did this in Dec. Still do not have machine. They have sent 2 wrong ones.Can we do anything?


Asked on 3/12/01, 10:18 am

1 Answer from Attorneys

Richard O'Neill The O'Neill Law Office

Re: Contract

Yes. You might be able to get out of the contract if the other party has not fulfilled their part of the bargain. You should read your contract again to see if there is any penalty for not providing you the appropriate equipment. If so then see what it says. If there is nothing and the other person has done nothing, yet you have paid some money you could cancel the contract because they have breached the contract in that they have not provided you the equipment. Now, what a court is going to look at is whether or not it would be reasonable for you to terminate the contract at this point, whether is was reasonable for the other party not to provide you with equipment, and whether or not both parties actions were reasonable dealing with all of the other provisions on the contract. There is not enough information here to answer those questions. I hope this helps.

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Answered on 5/22/01, 5:01 pm


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