Breach of Contract - Do I have a case?

[kr8ve1]

What is the name of your state (only U.S. law)? California

I (Party A) had a brand new diamond Ring appraised at $4000. I sold the ring to a person (Party B) in exchange for personal training services. We have a signed and written agreement that states "If for any reason Party A or Party B cannot continue with the service a payment plan will be discussed and put into effect for the remainder of the balance for the ring"

The ring has been worn by the fiance of Party B for over 9 months.

I am unable to continue with the service and notified Party B in writing. Party B now wants to return the ring to me and does not want to pay the balance per our contract. I will not accept a used ring that has been worn, in addition it never stated in the contract that Party B could return the ring at any point.

I have a calender of all our remaining sessions which comes to 73 at $40 per hour totalling $2920 in which he owes me.

I have a calender that I kept track of our sessions, the original contract and email communications.

Do I have a case and how strong is it.

Thanks in advance!

 

[JoshDom1898]

Why won't you accept the ring? Is it damaged somehow?

 

[Boshaft]

Why won't you accept the ring? Is it damaged somehow?

Diamonds rings tend to depreciate EXTREMELY quickly - look up the Debeers cartel for more info on why.

OP: Small claims court should do the trick. How, though, did you come up with $40 an hour?

 

[erikill]

I would go get an appraisal for the ring. If it's worth more than the balance owed, call it even. If not ask for the ring + difference owed. I think that's the most fair way to do it.