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Roger, Attorney
Category: Legal
Satisfied Customers: 30898
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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We are a non-profit we bought a truckload of merchandise and

Customer Question

We are a non-profit we bought a truckload of merchandise and paid for it in full in Jan. we still don't have it to us they want to return our money we want what we paid for it was a really good deal. What does the law say
Submitted: 6 months ago.
Category: Legal
Expert:  Roger replied 6 months ago.

Hi - my name is ***** ***** I'm licensed in Tennessee. I'll be glad to assist.

Do you have a written contract?

Customer: replied 6 months ago.
NO contract but paid receipt stating full truckload and price. They are still in business just don't want to honor truckload wants to give us the money back
Expert:  Roger replied 6 months ago.

Ok. Thanks.

If you have a purchase order showing what you paid and what you were supposed to receive......and it is from the seller/on the seller's letterhead, etc., then that should be good enough.

That said, you're entitled to enforce the contract as written and memorialized in the purchase order.

Expert:  Roger replied 6 months ago.

You can file suit for specific performance against the seller and ask the judge to enforce the oral contract/written purchase order and to ask the court to require the seller to honor the agreement == or specifically perform.

Customer: replied 6 months ago.
I think it was Jan and sells were down and they got folks like us to wire in money for the load and now that sales are better they thought because we are a nonprofit they could just pull this.
Expert:  Roger replied 6 months ago.

No, they can't legally get out of the deal that was made with you. But, you may have to sue in order to enforce it --- or at least threaten filing suit to get them to comply.

Expert:  Roger replied 6 months ago.

But, the best claim is for specific performance because that is a request that the court order the breaching party to perform its part of the contract.......which in this case would be to deliver the items that you were promised for the price you paid.

Expert:  Roger replied 6 months ago.

Please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!