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Need some advice on breach of contract

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miijin

Junior Member
What is the name of your state? Arizona

I had a contract with a hall owner since about July. I was to rent it for the 29th of Dec to be paid in full 2 weeks prior to the date. Sometime in October I called and asked if need be was the 15th available. She stated yes, I said I would let her know and thanked her. On the 30th of November she calls to confirm the 15th. I told her no we where still on for the 29th. Never having told her to change to the 15th she changed it anyway (misunderstanding i understand). She then tells me she has booked the 29th already and begins to offer me different days, we don't come to an agreement and I tell her I need the 29th since everything is set for the day. I go to visit her the next day and speak to her where she reveals i had the contract first but will be giving preference to the other family since they had paid in full and I had only giving the deposit. Mind you this was still prior to my full payment due day.

So i want to take her to small claims to get the lost monies in hall rental (difference in hers and the new one we had to take about 900) and also the invitation cost about 250.

I've been trying to get some advice from old teachers my only fear is going to court and having her claim i said over the phone that I wanted the 15th however it was never expressed to her that I wanted a date change. Neither was it ever documented or brought to me on a revised contract. I have also come to find out that she's been double booking on Mexican families and taking which ever pays first and screwing the other ( this from the DJ we hired to play from a previous party we attended at the hall). Then using threats of calling INS if they decide to sue for damages.

Do I have a pretty clear cut case? I rather just settle outside of court, what would you guys suggest my plan of action should be? Thanks in advance.
 


AnyLegalQuestio

Junior Member
For a contract to be formed there must be a "meeting of the minds", that is, two people have to actually understand on the substance of what they are agreeing to. Without agreeing, there is no contract.

If the hall owner is refusing to return the deposit, I suggest first sending a strongly-worded demand letter asking for it back and providing a set deadline for return of the monies.

Short of that, file in small claims. Is it clear cut? Likely - but you will learn through the process that NO legal claim is 100% fullproof.

KD
 
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miijin

Junior Member
well i have a written contract, which should be sufficient in the agreement portion no?

she has since been ignoring my calls and such I am pretty sure she knows exactly whats coming and is trying to avoid it.
 

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