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I am confused is there a contract? i thnk that Werd gets to clock returned to him meaning there is no contract?


F. Werd advertised that he was selling several pieces of antique furniture from his late mother鈥檚 estate. He sold several pieces and had only one piece, a clock, remaining; for which he was asking $6,000.00. Hy Teck expressed an interest in the clock, but was not sure if it would fit with his other furniture. Hy also wanted his wife鈥檚 opinion before buying it. Werd wanted to finish up the estate sale, so he said, 鈥淚 wanted $6,000, but I will take $4,800.00鈥? Teck asked for permission to take the clock home to see how it looked with his d茅cor and to get his wife鈥檚 opinion; and Werd agreed. That evening, Werd had misgivings about the price he asked for and called Teck at home. When Teck came to the phone, Werd immediately said, 鈥淚鈥檝e changed my mind. I don鈥檛 want to sell this for less than $6,000.00.鈥?Teck said, 鈥淏ut my wife and I agreed that we want it for the asking price of $4,800. We accept for that price.鈥?Werd said, 鈥淪end me $6,000.00 or return the clock immediately.鈥?Teck sent a check for $4,800.00 and refused to pay any more, or to return the clock. Werd did not cash the check; instead, he went to his attorney to sue Teck.

It was a verbal contract. Verbal contracts are binding, but are difficult to enforce because there usually is no corroborating evidence such as a written and signed document. Third party testimony can help.

If both parties in the example agree that the facts are as written above, the contract would hold for $4800. You cannot change the rules after the fact. Werk's action of allowing the clock to be taken away showed his consent to the deal. A store can not decide that they want to charge more money after you take home merchandise. This would cause unreliability in commerce. There are buyer's remorse laws. There are no seller's remorse laws.

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