Legal Question in Civil Litigation in Virginia
Furniture Forfieture
I purchased a bedroom setin Jan 2000. I had the furniture delivered to a friends home. The furniture delivered was the incorrect finish;the company failed to pick the furniture up for 9 months. I offered to pick the furniture up but my friend was concerned that since her husband signed the delivery receipt they may be held liable. I snt the furniture co a certified letter stating that we would no longer be responsible for this furniture. My friend decides to ask the company to pay her for storage. They decline but tell us they will write the furniture off as a loss. Who does the furniture belong to - me or my friend.
2 Answers from Attorneys
Re: Furniture Forfieture
You contracted for the purchase of certain furniture; the vendor delivered nonconforming goods, which you rejected; your friend made a claim for storage costs (without any contract or agreement for such) in response to which the vendor abandoned the furniture. My opinion is that, since you and the vendor both relinquished any claim, and the friend's claim is not based on any legal right. No one owns the goods. It's finders' keepers. Since the friend has possession, however, there's a presumption that she's entitled to keep them, which is reinforced by the fact that the vendor abandoned the goods in response to the friend's claim for damages.
Re: Furniture Forfieture
Assuming you gave it to her with no conditions or reservations, as between you and your friend, it belongs to her.
As between your friend and the furniture company, if the facts stated are accurate, it belongs to your friend.
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