S
Stephen S
Guest
HI,
I am the owner operator of A Handman business in Massachusetts. In order to enhance my proffesional image, I went to a local merchant to purchase 8 shirts with my company name embroided on them. I agreed to pay 226.oo and the shop owner gave me a two week delivery date. He told me a deposit would not be required which I thought odd. After 2 months the shirts were still not ready. I had ordered them before Thanksgiving and on a status call after Christmas, he told me he was too busy doing Christmas orders. I finally made one last call to get another promise and politely cancelled the order. It was apparent he did not care and then I quickly realized why he did not require a deposit, as it appears he took the order as an extra to him and never intended to give it any status. This was also proven as when I payed a visit at the 4 week mark, he asked me my size as he couldn't read his own handwritning. The shirts were special order so this meant he never even ordered the stock. I Had changed the text of the order twice, The first time,two weeks after the first promise and once after the six week period whereby, neither should have effected the delivery date and I would have accepted the order in any form. I am simply fed up with this type of service. I believe my business was harmed as I could not project the proffesioanl image I had intended to, to many new customers. I would like to sue him for breach to compensate myself and to honestly punish his arrogant service attitude. My questions are, Do I have a case worth spending the day in court for? Am I within the oral contract $ limit? Can I sue for triple for breach? and Can I sue for punitive to the limit of small claims in my state? Thank You in advance and if the triple applies, could you please tell me the proper wording and legal reference so I can fill out the small claims form correctly?
Thank You
Stephen
I am the owner operator of A Handman business in Massachusetts. In order to enhance my proffesional image, I went to a local merchant to purchase 8 shirts with my company name embroided on them. I agreed to pay 226.oo and the shop owner gave me a two week delivery date. He told me a deposit would not be required which I thought odd. After 2 months the shirts were still not ready. I had ordered them before Thanksgiving and on a status call after Christmas, he told me he was too busy doing Christmas orders. I finally made one last call to get another promise and politely cancelled the order. It was apparent he did not care and then I quickly realized why he did not require a deposit, as it appears he took the order as an extra to him and never intended to give it any status. This was also proven as when I payed a visit at the 4 week mark, he asked me my size as he couldn't read his own handwritning. The shirts were special order so this meant he never even ordered the stock. I Had changed the text of the order twice, The first time,two weeks after the first promise and once after the six week period whereby, neither should have effected the delivery date and I would have accepted the order in any form. I am simply fed up with this type of service. I believe my business was harmed as I could not project the proffesioanl image I had intended to, to many new customers. I would like to sue him for breach to compensate myself and to honestly punish his arrogant service attitude. My questions are, Do I have a case worth spending the day in court for? Am I within the oral contract $ limit? Can I sue for triple for breach? and Can I sue for punitive to the limit of small claims in my state? Thank You in advance and if the triple applies, could you please tell me the proper wording and legal reference so I can fill out the small claims form correctly?
Thank You
Stephen