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Although this is not a PI questions I couldn't find a better board to post my question. I hope you can help me.

In January of this year we entered into a contract with a pool company to purchase a pool for installation in the spring of 2000. It was a left over pool that the store owner indicated was in stock. Thereby we would be saving a few bucks.

In April, 3 days before the scheduled installation, the store owner calls and says the warehouse "lost" our pool and the manufacturer shiped the wrong pool and he could not give us the pool we ordered nor could he give us any pool.

We were forced to take our business elsewhere at the hight of the swimming pool season and incurred $750.00 additional costs.
The pools are identical.

We would like to take this business to small claims court for breach of contract and consumer fraud to recover the 750.00.

Do we have a case? Do you think the court will find the business owner liable in this matter?



I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Potentially yes. The damage you suffered was the extra money you shelled out. If you would not have purchased this pool had you not received the discount, then yes I would say your damages are validated.

It could also be a bait and switch type situation.

To get to small claims court, go to the state laws section, click on small claims and go from there.

Next time, post this type of question to the business and finance board.

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