Breach of Contract

I have a small business making custom clothing. I recently completed a custom order for 4 handbags for a small shop in Soho, NY and delivered it to them by the time agreed by both parties. When I got to the store, the buyer excepted the order and said I could pick up a check the next day. The total would be $500.00. When I called the next day the same buyer said she could not except the order because the linings weren't correct, after she had looked at them in front of me the day before and said nothing about them. She also had never even specified in the purchase order any details about linings. I waited a day for the bags to be returned, but I am still angry as I purchased all the materials to fill this order and have lost money. I was told that this is Breach of Contract in relation to The Offer and Acceptance rule. Can I file for Breach of Contract in Small Claims Court and force them to accept the order?

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Yes, you can go about this in two ways:

She accepted and thus you were to get your money. BUT if this wasn't in writing, the statute of frauds may require this type contract to be in writing. You will have to prove her acceptance.

As to the lining, she can accept and then see the lining is messed up. You must be given an opportunity to cure or fix the problem.

THe other issue is this: could you sell these handbags elsewhere? Because these were unique goods, you may be entitled to your profits to be realized and costs.

Take it to small claims and see what happens.

Sure!

You can take them to court!

I want you to know that I am no expert, but I just took a course "Business Law" that discusses such things.

The day they got the fabric and accepted it, the accepted the "Agreement".

They must pay you for any loss you may have encountered.

I would talk to them more about it, it might get them to budge.

Thanks!