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Verbal contracts

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B

blackjack_milo

Guest
What is the name of your state? NY

I'll try to be brief, but this is a complex issue.

In august of 2002, the transmission in my van broke. My employer had the van towed by AAA to a mechanic whom he said was a friend of his. I couldn't afford to pay for the transmission outright, so my employer said he would let me make payments on it. Foolishly, I never got any reciepts. My employer has been telling me that the mechanic has yet to find a transmission for my van, but that as soon as he does, its already paid for. Through some investigation and a bit of subterfuge, I located the mechanic in question. He claims he paid a non-refundable down payment on a transmission based on my employers word that he would get him the rest of the money. Since he has never recieved a dime of the money I paid to my employer, he was not able to purchase the transmission and is now out the $300.00 he paid. The van has been stored at his garage since August. The mechanic wants to be reimbursed for the deposit, and wants to be paid a storage fee of $35.00 per day since September 1st, 2002. The other factor in this situation is that I and my employer have a verbal contract that he will let me use his vehicle until I get my van back.

Question 1: Do I owe the mechanic anything? Since he has not done any work to the van, and never had an agreement with me, can he keep me from simply picking up the van?

Question 2: Since my employer has yet to have my van fixed, can I keep the truck he provided even though I am self-terminating my employment?

Thank you,

Netgeek
 



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