Can he do this, and should I just take it?

[JasonJ79]

I have a contract with a man to sell me a piano for $550. The deal outlined in the contract was that I would pay him $150 down and $50 every other weak (pay day). Today was the date of the first $50 dollar payment. I showed up the man's buisness to pay him (on time) and he wasn't there neither was the piano, he had sold it! The selling of the piano wasn't in the contract. Is this a breach of the contract? He left word with his employees to refund me my money. I am not shure weather or not the sale of the paino was part of his buisness or not (it is a shoe store) though that is where the piano was being sold. The contract did not state when I would receive the piano, before or after the final payment (he told me we would "work somthing out" after a few payments). This piano was very important to me it being a gift to my wife for her birthday, she was heart-broken. Is there anyting I can do? I don't think I can afford a small claims suit (plus I'm struggling to make ends meet working full time plus at a new job in a new town). Thanks for the help.

 

[HomeGuru]

File an action in Small Claims Court and make this shoe guy sing the blues.

 

[JasonJ79]

If I go to small claims, can I do better than the $150 refund?

 

[I AM ALWAYS LIABLE]

If I go to small claims, can I do better than the $150 refund?

My response:

Better ? No. Not unless there was a "penalty clause" in the contract. However, if you win, you'll be entitled to your court costs and filing fees. No loss of time from work, no mileage, nothing else.

IAAL

 

[JETX]

If I understand the issue correctly, he can actually collect more than the $150.00 he has already paid, but only if he had purchased another at a higher price.

Lets say that he has a contract to purchase a "1988 PianoMaster Model 500" in excellent condition for $550.00. The seller breaches the contract and sells the piano to someone else. The buyer now is forced to go out and buy a comparable (same model and condition), but this now costs him $1500.00.

The buyers damages are $950.00, the difference between the $550.00 he was contracted for and the $1500.00 he actually had to pay for a comparable item.