Legal Question in Business Law in Texas

I paid for catering and decor of hall services for my wedding that would have been taking place on July 24, 2010 but my fiance decided he didn't want to go through with it. I had paid the owner in full the total amount of $600.00 on April 9, 2010. She did not explain to me that I will not get a full refund for a cancelation and it's not in writing on the receipt. She said she will only give me half. She claims it's because she lost business for July 24, 2010 because I had reserved that date already. I gave her almost 2 months notice that I will not be able to use her services due to my situation. My question is... am I entitled to get the full refund or can she get away with keeping my half for services she did not provide.


Asked on 6/02/10, 9:07 pm

2 Answers from Attorneys
Mark Dunn Mark D. Dunn

I assume there's no written contract. If there is, of course, you should check to see if the written contract covers the possibility of early cancellation.

I'd suggest you take the 1/2 refund and thank the caterer. It's certainly not worth the time and trouble to sue her for $300.

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Answered on 6/03/10, 5:00 am
Kevin B. Murphy Franchise Foundations, APC

Any attorney will tell you, the extra $300 the caterer wants to keep is reasonable if she actually had someone else contact her for July 24th. Perhaps you can negotiate with her a bit further. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 6/03/10, 6:28 am


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