lay-a-way contract

On November 28, 1998, I put a gold/platinum ring on lay-a-way with a local jeweler. At the time I put the ring on lay-a-way, they were having a big after Christmas sale and the ring was a great buy. When I initially put the ring on lay-a-way, I was given the price of 122.50 ( or somewhere) in that area for a ring that was originally $645.00 (supposedly) On the receipt that I signed the price was 122.50 + tax, but I received a postcard on February 6, 2000 telling me the balance on the lay-a-way was $183.00! As you might imagine, I was mystified over the fact that I have paid $55.00 towards a lay-a-way that was only supposed to be around $125.00. I called the store and spoke to the young lady that assisted me in putting the ring on lay-a-way and she informed me that the manager looked at the lay-a-way and saw tha she should have charged me more for the ring. I explained to the lady that I felt mistreated because after having the ring on lay-a-way for almost 3 months, how could they (without my knowledge) go in a modify the contract without giving me the option to either reject or accept the modification? I spoke with the manager and he told me that they do not check everything put on lay-a-way but I could either accept the modified price or cancel the lay-a-way! I am outraged about the fact that I was the last party to know of the contract/agreement for the ring at one price being modified. Do you think I should pursue it and make them give me the ring at the price stated on my lay-a-way receipt? The ring is beautiful and I haven't seen another like it, do I have any grounds for Specific Performance? Small Claims Court?

I see you already know some of the "lingo" of contract law. Yes I would consider going through small claims court and asking the court to order that the ring is the cost you agreed to, not the new price. The seller has no right to change the price on its own and then tell you to accept the modified price or leave. The only exception, sort of, in contract law is if the seller offers say a Mercedes Benz car for $5,000 when he should obvioulsy know it is to be sold for $50,000. They advertise the price in a newspaper and of course someone comes in for the car at $5,000. The seller does not (usually) have to sell it since it was obviously a mistake. In your situation though, this is not the case since the price differential is not that drastic. I hope this makes sense. Good luck!

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Mark B. Replogle