Legal Question in Civil Litigation in Tennessee

Breach of contract

My husband was served a summons for small claims court for a breach of contract. While searching on e-bay for a A TITLE=''Click for more information about car'' STYLE=''text-decoration: none; border-bottom: medium solid green;'' HREF=''http://search.targetwords.com/u.search?x=5977|1||||cars|AA1VDw''car/A, he emailed a seller and asked to speak with him regarding his car for sale. They spoke and my husband told him that if he didn't sell it we would come to Tennessee to see the car. The man took his car off e-bay on his own. He stated the car was in great shape. We drove 8 hours to find a car in terrible condition. My husband inspected it and told the man we were not interested. This car was to be for our 15 year old son's first car. The man had made a bill of sale up which my husband did not sign. Now he is suing us for the cost of this car even though there was never a signed anything. Can he do this? Also, we have to A TITLE=''Click for more information about travel'' STYLE=''text-decoration: none; border-bottom: medium solid green;'' HREF=''http://search.targetwords.com/u.search?x=5977|1||||travel|AA1VDw''travel/A another 8 hours to Tennessee with our 3 children, 2 of which are under 8 years old. Should we counter sue f


Asked on 6/22/04, 11:40 am

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Breach of contract

The short answer to your question is that anyone can sue anyone for anything at most anytime. The longer answer to your question is that, based upon what you wrote, his claim should be unsuccessful because there is no proof of sale. In regards to countersuing, your claim probably would not be much better than his and I would not generally recommend a countersuit in that situation.

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Answered on 6/22/04, 12:27 pm


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