QUESTION
Can I sue painter for selling the promised painting to me on an oral contract agreement?
Asked on Nov 09th, 2012 on Bankruptcy - Utah
More details to this question:
Painting is still in progress. I will pay Shelley $2500 in return for her promise to deliver the painting to my home when it is finished. When she finishes the painting, she sold it to someone else for 3500. Then she send me a signed letter said that she is canceling their contract for the painting. I want to sue her to enforce the contract. Can this contract be enforced? Will I win?
5 ANSWERS
Thomas Edward Gates
Yes, but open to argument if there was not a meeting of the minds. If money was exchanged, that would help your argument.
Answered on Nov 13th, 2012 at 3:26 PM
Leonard A. Kaanta
Yes you can sue, there are no guarrantees in the practice of lwa.
Answered on Nov 12th, 2012 at 5:20 PM
Michael J. Breczinski
You may be able to win since the letter from them shows the existence of the contract. What are you in law school?
Answered on Nov 12th, 2012 at 5:20 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You needed a written contract unless it would take less than 6 months. Only an attorney who knows all the facts can venture a guess as to whether you would win. I do not know enough of the facts.
Answered on Nov 12th, 2012 at 5:18 PM
You can sue on an oral agreement, but it is more difficult. You will have to prove the existence of an agreement and then show that the agreement was breached by the other party. This is more difficult with oral contracts because it becomes a he said/she said issue. In Utah, you have four years in which to sue upon an oral contract.
Answered on Nov 12th, 2012 at 5:18 PM