wedding woes

[dianet]

I live in Mississippi and picked up the bridesmaids dresses I had ordered. I misread one of the tags and discovered when I got home that one of the dresses was a size too small. The order form and receipts list the correct size but I'm having trouble getting this resolved. As far as I'm concerned I did not receive what I ordered. I'm being told the new dress, if they can find one, may not even be the same color match... Where do I stand legally? The wedding is in 7 weeks and the dress will still need alterations so time is of the essence!
Please advise!

dianet

 

[JETX]

I really don't understand what you are asking us for. You have no legal case in advance of the wedding.

My suggestion.... try to work as best as possible with the merchant. They have the responsibility to provide what was contracted. And if they don't, then you will have the burden of mitigating your damages. One way to do this, would be to 'un-select' the bridemaid that no longer has a dress to wear in order to 'protect' your wedding. You can then litigate against the merchant for their breach, but you can't just go out and have the full wedding and then try to claim the cost of the wedding since it "was ruined!!"

I see so many times on the "TV court shows" where a bride will have one thing go wrong and then try to recover the full wedding cost from the merchant!! In your case, the only real damage will be as to the cost or value of the one gown.
So, you can see that the damages are going to be relatively small. It is in your interest to come to some agreement with the merchant.