Cat we didn't get

[Wendell61]

What is the name of your state? Indiana. Question, three months ago my wife and I decided to purchase a cat for my parents. We found a person in the paper who had Himalayan cats for $200.00. My wife and I went out of our county to look at these cats and decided on one. My wife gave the man a $50.00 deposit to hold until Christmas 2003. Before Christmas arrived we found out that my mom was allergic to these cats and told the man we were not able to purchase the cat. The man had already cashed our check and refused to refund our $50.00. As well the man refused to give me the cat when I told him that if he would not refund our money then I wanted the animal. All of this was done by telephone rather than in person. What recourse do we have and how long do we have to take action? Do we have a case as far as you are concerned? My wife wrote on our check that the $50.00 deposit was for holding the cat until Christmas. Here we are with no cat and out our $50.00. Please give us some guidance

 

[JETX]

Did you agree to pay the remaining $150 and take the cat?? Did you do that BEFORE Christmas??

If no to either, then you breached the agreement and the seller retains the deposit.

If you disagree, your only recourse would be to take the seller to court. Are you willing to travel out of county, etc. for a chance at recovering the $50.00??

 

[Wendell61]

Cat Problem

Yes, we did offer to pickup the cat by Christmas but when the man heard that we didn't really want the cat, he did not fulfill his end of the bargain. There was no written contract to break, it was an oral contract.

 

[JETX]

"There was no written contract to break, it was an oral contract"
*** They are the same. Failure to comply with contractual obligations, whether oral or written, is still breach.