no invoice for online purchase

[johnromano]

What is the name of your state? NY

The following concerns a private online transaction between two private individuals (the seller & myself, the buyer):

The seller sent me an e-mail offering me a described item for sale at a stated price. I replied by agreeing to the purchase but mentioning that I would need an invoice, which I would settle by sending him a check; upon cashing the check he could send me the item.

The seller e-mailed me his agreement to send me an invoice and asked me to specify how it should be written. I replied by asking for an ordinary invoice with the names & adresses of both parties, the date, the item's description & its price.

But instead, he sent me the item directly by insured mail with delivery confirmation (and I accepted it, thinking the invoice might be inside, but it wasn't). Now he does not reply to my requests for an invoice.

Am I legally obligated to send him payment even if I do not receive an invoice or am I within my rights to withhold payment until he sends me an invoice? And, whatever the answer is, why?

Thank you in advance for your reply.

 

[BelizeBreeze]

What is the name of your state? NY

The following concerns a private online transaction between two private individuals (the seller & myself, the buyer):

The seller sent me an e-mail offering me a described item for sale at a stated price. I replied by agreeing to the purchase but mentioning that I would need an invoice, which I would settle by sending him a check; upon cashing the check he could send me the item.

The seller e-mailed me his agreement to send me an invoice and asked me to specify how it should be written. I replied by asking for an ordinary invoice with the names & adresses of both parties, the date, the item's description & its price.

But instead, he sent me the item directly by insured mail with delivery confirmation (and I accepted it, thinking the invoice might be inside, but it wasn't). Now he does not reply to my requests for an invoice.

Am I legally obligated to send him payment even if I do not receive an invoice or am I within my rights to withhold payment until he sends me an invoice? And, whatever the answer is, why?

Thank you in advance for your reply.

how about doing your own homework? I doubt this is what your professor meant when he posed this question to you.

 

[johnromano]

Your flippant tone is out of line. And I don't even understand your answer.

 

[BelizeBreeze]

Your flippant tone is out of line. And I don't even understand your answer.

and you trying to find an answer to your homework assignment is punking out.

 

[johnromano]

Now I get it, or at least I think I do: You seem to be assuming that my question is related to some school or college homework. I can't believe anyone would make such a wrong , groundless and stupid assumption, as if no such case could occur in real life... For the record, I graduated from college forty years ago... And please do me the favor of not polluting this thread with any more of your unwarranted nonsense and leave the field to someone who can help me with an answer, as I prefer to think you're not representative of the other members of this forum, whichn I just joined.

 

[Zigner]

You need to pay for it.

 

[mhallgren]

While I agree you must pay for it, you can also hold it hostage until it is delivered in full, meaning the invoice as well. If you have the emails and the agreement was to include an invoice then if the seller wants payment, he/she must produce an invoice. I am confused as to why the invoice is so important to you and something he may have been uncomfortable sending. I cannot imagine it was an oversight on his part to not include it and if it was, how about faxing it.