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deposit - refundable or not?

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gailelizabeth

Guest
we sold an automobile engine to a man who answered our classified ad. he sent a $100 deposit and said he would pick up the engine in a few days. four weeks later he called again and said he did not want the engine and asked us to return the deposit. during the four weeks we turned down other callers, saying the engine had been sold. the agreement we had was verbal, no mention made of the deposit being refundable or non-refundable and nothing stated on his check to us. do we have to return his money? we still have the engine. we live in california.
 



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