Chris:
I am studying law. Currently a student. As such, this is not legal
advise. However, I may give you some insight. It seems what you have here
is a classic contact dispute. You have preformed. He has not completely.
You did get the parts; but, not the car. I agree. Get the car. If you do
get a "shark" he/she will take a cut. Plus, suing on a contract theory
you will not be able to recover beyond the car based on what you have told
me. Generally, courts are reluctant to order specific performance due to
bad blood, etc between the parties. However, since there is an argument
that car is unique, you might be awarded specific performance. All in all,
it kinda seems like the endevor will come out of your picket if litigated.
Attorneys' fees are also generally not recoverable in this type of
situation either. So, go get the car. Or aleast get an agreed upon
devilery adte in writing.
L.D. Moore
At 09:37 PM 6/16/99 -0700, you wrote:
>
>
>Chris Avery wrote:
>
>> i have a sick feeling that i might have some trouble coming my way.
>> last year i bought two alpines and a (at)#$%load of spare parts. i had the
>> parts car flat bedded to a local shop. i have possesion of that car.
>> here is what's making me sick. the guy that i bought the cars from still
>> has the "pearl" in his garage. i paid him to do some work on it. i paid
>> him to flat bed it to me when it was finished. A YEAR AGO! i now get
>> every kind of runaround when i call about the car. i go "visit" my car
>> every week. progress is verrrrry slow. i was promissed delivery over and
>> over.(sound familiar PAUL? I AM LAUGHING MY (at)SS OFF , SO GET A LAUGH
>> TOO) i was supposed to get the car again delivered today. nope. so am i
>> a real jerk for paying before the work was done? did i buy a car that
>> for some reason the previous owner does not want to part with? because
>> you see, if i take Dave's money for something and I don't come through
>> for him, i loose sleep in a big way. so i admit that i get screwed most
>> of the time if i pay first. but this would be killing me if i were the
>> previous owner. a former state cop by the way. and my dad really kicked
>> me today. "you don't suppose that car is "HOT" do you?" so my concern is
>> further clouded. the car is a beauty. and i could not drive it if i had
>> it. but this weekend i am going to send dad with a flatbed up to get it.
>> why do you think people behave like this? am i being over concerned? or
>> did i sink a bunch of time and money into a nightmare? i have alpine
>> burnout. and i haven't even started the car.
>
> Chris , That sounds like the guy needs a swift kick, but the best advice
>(i would do) get a damn hungry lawyer , have him write a very demanding
>letter,telling him to have it ready for transit, certify post and reciet .
>Then allow two days and show up with a carrier tow truck and take your car.
>You may lose some buck but you'll have the car a then sue the crap out him
>for all the damages and left over work ..
>Weineies like this make my fingers just say what ever.
>But what ever your decision ,,,stick to it and don't let schyster get away
>with any theing.
>My 2.00 worth
>chuck
>
>
>Boy why am I mad?? darn.
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