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  1. #1
    Roncat is offline Junior Member
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    Text message as evidence?

    What is the name of your state (only U.S. law)? Tennessee
    I meet a woman online and had a 1st date and it went very well, it was on a Monday. The next day she text me at work and quickly wanted to know if I wanted to go to Miami with her on Friday till the next Tuesday. I said yes because I liked her and wanted to spend time with her but was leary because I didn't know her to well. Two days after that I met with her at her home and both days she said to me if I change my mind her Mother or Sister would take my place. Thursday, the night before we were to go she started acting funny and I had second thoughts about going on the trip. I texted messaged her on my way home after our date and told her maybe she should ask her Mother or Sister if they wanted to go because I was having second thoughts. Now she says she wants half the money for the plane ticket and the room, and my text message saying I would go is evidence for small claims court. Is my text enough for her to get half the money back? For all I know one of her family members still went with her, I can't get a record of it from the airport. Does she have a case? She sounds serious but could be bluffing, there is no record of her saying I could change my mind, my word against hers.
    Last edited by Roncat; 02-28-2009 at 08:33 PM. Reason: Misspelled and added content
  2. #2
    JETX is offline Senior Member
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    Quote Originally Posted by Roncat View Post
    Now she says she wants half the money for the plane ticket and the room, and my text message saying I would go is evidence for small claims court. Is my text enough for her to get half the money back?
    More than likely.

    For all I know one of her family members still went with her, I can't get a record of it from the airport. Does she have a case?
    See above.

    my word against hers.
    Except that text message??
  3. #3
    quincy is offline Senior Member
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    A good "text message case" to check out is the recent one involving Detroit's former mayor, Kwayme Kilpatrick. He wished, I am sure, that text messages were not allowable as evidence.
  4. #4
    NotClueless is offline Member
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    Quote Originally Posted by Roncat View Post
    What is the name of your state (only U.S. law)? Tennessee
    I meet a woman online and had a 1st date and it went very well, it was on a Monday. The next day she text me at work and quickly wanted to know if I wanted to go to Miami with her on Friday till the next Tuesday. I said yes because I liked her and wanted to spend time with her but was leary because I didn't know her to well. Two days after that I met with her at her home and both days she said to me if I change my mind her Mother or Sister would take my place. Thursday, the night before we were to go she started acting funny and I had second thoughts about going on the trip. I texted messaged her on my way home after our date and told her maybe she should ask her Mother or Sister if they wanted to go because I was having second thoughts. Now she says she wants half the money for the plane ticket and the room, and my text message saying I would go is evidence for small claims court. Is my text enough for her to get half the money back? For all I know one of her family members still went with her, I can't get a record of it from the airport. Does she have a case? She sounds serious but could be bluffing, there is no record of her saying I could change my mind, my word against hers.
    THe trip was a gift, right? Now she wants to charge you for the gift? Are there any text where she asked for $$ for the trip, other than after the fact?
  5. #5
    JETX is offline Senior Member
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    Quote Originally Posted by NotClueless View Post
    THe trip was a gift, right? Now she wants to charge you for the gift?
    Where did you get the idea that this trip was a 'gift'?? There is nothing in the OP saying that.
    In fact, the implication (hence the post) was it was a 'dutch date', with each paying a share.
  6. #6
    Stevef is offline Senior Member
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    Quote Originally Posted by NotClueless View Post
    THe trip was a gift, right? Now she wants to charge you for the gift? Are there any text where she asked for $$ for the trip, other than after the fact?
    This fits the classical definition of an oral contract, a promise for a promise.

    A offered to take B on a trip, in exchange for the company.
    B agreed.

    Consideration on the part of A is paying for the trip.
    Consideration on the part of B is accompanying A.

    B is in breach of contract for not fulfilling his promise, and A is seeking damages.

    The obvious defense is that (according to the facts given) A did not offer to take B, but merely asked if B wanted to go. (This is where using text messages as evidence may benefit B).

    Asking what you want for lunch is not the same as offering to buy you you lunch. But....

    Another defense is the fact that A offered to allow B to back out and let A's mother go in B's place. Was that 'offer' ever withdrawn.

    The lesson to be learned is "Be careful what you agree to."

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