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Wedding Dress HORROR!

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masgaster

Junior Member
What is the name of your state? Nebraska

I ordered a dress for a wedding that is coming up. The wedding fell through and I can't cancel the dress--that's ok. Here's the problem:

I paid for the dress in full when I bought it, but now they will not give it to me unless I pay an extra $20 for a "rush fee". I told them I did not consent to the rush fee, which they admit is true. The bride called and told them to put all the dresses on rush and charge the bridesmaids for it.

My lawschool brother has put a few legal terms in my head and wanted to see if any of them have merit.

Two questions: 1.) Do I have "privity of contract" with the dress company, because I was never told that anyone else could change my order and the receipt says that the order may not be modified. The bride can't tell them to charge me more can she?

2.) If I refuse to give them the $20 and they refuse to give me the dress, can I take them to small claims court and recover the entire cost of the dress, or will the small claims court just give me "specific performance" and have them give me the actual dress. Do small claims courts award other remedies besides pure damages? If they will just tell them to give me the dress, I might as well give them the $20 bucks. Would a judge take into consideration that the wedding is off and that I might just be doing this to try to get out of my contract? What should I do???

Thank you so much--please get back to me soon because I have to act within the next few days! Thanks!!!! :eek:
 



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