breach of contract

[klabier]

I sold a coffee table and end table to a "friend" from work. She came over and looked at the tables and said she would have to get an okay from her boyfriend. She called the next day stating she wanted them. She picked the tables up on a Saturday. She asked if it was okay to pay me when we got paid, two days later. I told her she could pay me half then and half next pay day. She left with the tables. She called me the next day stating her boyfried surprised her with another coffee table and wanted to return the ones she bought from me. I told her I wasn't taking them back. I stated if she had bought them in a garage sale or from someone out of the paper, they wouldn't take them back either. The next morning, I noticed they left them on my front porch in the weather overnight. The tables are damaged with scuff marks that will not come off. Did we have a binding contract since she left with the tables? Should I take her to small claims court for the amount she owes me? Now I can't sell the tables since they are messed up. Should I just ask for damages or the entire contract price? Help!!!!!

 

[I AM ALWAYS LIABLE]

My response:

You are absolutely correct. You can sue her for the amount left owing on the tables. The question then becomes, is it worth your time and effort ?

Since she "gifted" the tables back to you, and you still have half of their value (or contract price), you may want to consider the fact that you do have half the money and you can donate the tables to charity. Get a receipt for the tables, and use that receipt for a deduction from your taxes.

Actually, she may have done you a favor.

IAAL

 

[klabier]

Thanks

I appreciate the help, I am always liable! However, can I try and get the entire price I originally was supposed to get from her and make her take the tables? Is that possible? Or, am I only entitled to half of what the original price was since she returned them without my consent?