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Dave Kennett
Dave Kennett, Attorney
Category: Business Law
Satisfied Customers: 27689
Experience:  25 years practicing law
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We are interior decorators. We arranged for a furniture restorer

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We are interior decorators. We arranged for a furniture restorer to pick up about 10 pieces of furniture to be refinished and/or re-upholstered. This was in May 2012. Client paid restorer $7,500 deposit. No work has yet to be commenced, and now restorer has been diagnosed with kidney cancer and will have to have surgery.

How can we legally retrieve furniture and have deposit refunded to client?

-Could you explain your situation a little more?
Is the restorer refusing to return the furniture and the deposit?

If so, on what basis?

Customer: replied 4 years ago.

Did you receive my reply?

Customer: replied 4 years ago.

OK. I guess you didn't.

We have not asked him yet as we are expecting great resistance.

We want to know all of our options before we proceed.

Now I got it! If you demand a return of your merchandise and deposit due to the fact that he will not be able to complete the job and he refuses then you would have to file a suit for breach of contract. The suit would ask for replevin of the merchandise and for the return of the deposit since no work was completed. If he is able to complete the work then the contract would still be valid so this is going to depend on him being able to do the work. You would have to sue in the court in the city or county where the defendant is located. I'm not certain from your facts whether he has indicated that he will or will not be able to complete the work and honor the contract but any action you take will have to be based on the theory of "breach of contract".
Customer: replied 4 years ago.

Who would sue him, the client whose furniture and deposit he has possession of, or us, the decorators who linked them together?

Who actually made the agreement with him to do the work, you or your client?
Customer: replied 4 years ago.

The client.

Then the client is the one with the contractual relationship and would be the one to have to file a suit. About all you can do is try to assist the client in getting the money and the property returned but if the guy refuses you have no privity of contract to sue upon.
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