Breach of Oral Contract

[tasd22]

What is the name of your state? California
I move with my now ex-fiance back in June in a house that we picked out. Because of my credit, I was not on the loan, but he was to put me on title - never happened. However, at the time he asked me to move he asked me to give up my house and in front of friends he told me to sale or whatever I couldn't sale just to get rid of it because he would buy me all new things - which I did. He now wants me out of his home and over the past 2 weeks we have been going back and forth on a bedroom set that was bought for me and now he says I can't have it or anything else. My question is besides if I have a case, I found the invoice to the bedroom set and the invoice/receipt for the refrigerator we got for the home - both are in my name, however, he paid cash for the refrigerator and the bedset was on a revolving charge that he was paying for. Do I have the right to the items in question once I move out or is this something that he may dispute with the sheriff's dept if I remove items -- as stealing?

 

[seniorjudge]

If you cannot agree on the disposition of the property, then sue in small claims court for the value of the property.

If you win, ask him for the property and when you get it, give him a satisfaction of judgment.

 

[tasd22]

Breach of Oral Contract - CA

Thanks - I was looking into that yesterday as a matter of fact; however, I realized that it can be for no more than $5,000. The actual amount for the bedroom set is just over $6,000 itself and the refrigerator another $1770. Civil litigation vs small claims?

 

[seniorjudge]

Take him to civil court.

 

[Florid-aise]

I need back-up to this suggestion, admittedly.

Would it be possible and/or even advisable, to claim or allege depreciation of both the bedroom suite and fridge to reach the small claims ceiling, thus being able to work in a court nevertheless, but a more "user friendly" court?

 

[rmet4nzkx]

This will help in proving your oral contract, good thing you have witnesses and some receipts. You will need an attorney, You should have no problem moving the things for which you have receipts in your name or things you brought with you.

CALIFORNIA CODES
EVIDENCE CODE
SECTION 620-624
620. The presumptions established by this article, and all other
presumptions declared by law to be conclusive, are conclusive
presumptions.
622. The facts recited in a written instrument are conclusively
presumed to be true as between the parties thereto, or their
successors in interest; but this rule does not apply to the recital
of a consideration.
623. Whenever a party has, by his own statement or conduct,
intentionally and deliberately led another to believe a particular
thing true and to act upon such belief, he is not, in any litigation
arising out of such statement or conduct, permitted to contradict it.
624. A tenant is not permitted to deny the title of his landlord at
the time of the commencement of the relation.

 

[mdmmike13]

This will help in proving your oral contract, good thing you have witnesses and some receipts. You will need an attorney, You should have no problem moving the things for which you have receipts in your name or things you brought with you.

CALIFORNIA CODES
EVIDENCE CODE
SECTION 620-624
620. The presumptions established by this article, and all other
presumptions declared by law to be conclusive, are conclusive
presumptions.
622. The facts recited in a written instrument are conclusively
presumed to be true as between the parties thereto, or their
successors in interest; but this rule does not apply to the recital
of a consideration.
623. Whenever a party has, by his own statement or conduct,
intentionally and deliberately led another to believe a particular
thing true and to act upon such belief, he is not, in any litigation
arising out of such statement or conduct, permitted to contradict it.
624. A tenant is not permitted to deny the title of his landlord at
the time of the commencement of the relation.

Does Arizona have simular statutes? If so can you please guide me to where they are?

 

[Banned_Princess]

Does Arizona have simular statutes? If so can you please guide me to where they are?

You are posting on a long dead thread.

if you have a question start your own thread, that person isn't participating here now.