You can dismiss your attorney in court but you cannot present your evidence and witnesses as long as he is your lawyer. However, before you dismiss him be very, very sure that he doesn't have a good reason for what he is doing. I have argued with clients before about calling people as witnesses when they wanted me to call someone that I knew 1) their testimony
that the client was concerned about wasn't going to be allowed and 2) the other testimony the person could provide on cross examination would hurt my client.
There is no "first right of refusal" unless it is a specific condition of a contract
, usually written.
By the "could they sue you" question I wasn't meaning that they were really going to sue you, just trying to get you to look at the question of whether there was a contract from another angle.
The other "conditional contracts" like financing, inspection, etc. specifically spell out on them the conditions and what effect they have on a contract so that the conditions, in effect, become a part of the contract. There really isn't any wiggle room because the condition is usually related to some type of performance by a third party, different than what you had here.
I still think you're going to have problems proving that there was a contract. However, if you can make the argument that they approved the condition then you MIGHT be able to argue that the deal to let you take the drawers and look elsewhere and spend all that time and effort was either 1) a part of your contract or 2) a separate contract in and of itself.
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