Deposit with no contract

This is actually a complicated situation even though it only involves $100. Most contracts are enforceable without need of a writing, and an agreement to make a deposit against a save the date design doesn't seem to fit into any category that would require a writing.  Thus the question is whether there was an agreement that the deposit would be nonrefundable or not.  Apparently you never realized that the deposit would be nonrefundable.  If the court believes you, it may find that no enforceable contract was ever formed.  In that case, however, the court could still find that the invitation company is entitled to "quantum meruit", the fair market value of the work they performed creating the two designs you rejected. You would no doubt argue that a contract was formed making the deposit refundable if you didn't accept their designs.  If the court agrees, you would be awarded the $100 back.  Frankly, however, I doubt the court will agree, because it makes no sense to me.  If the deposit was fully refundable, than why have a deposit?  If fully refundable, then why provide that the $100 could be applied against another product or service?  The only thing that makes sense to me is that the deposit was intended to be non-refundable, but if you didn't like their design you could use it for another product or service. Of course, this all assumes that the invitation company tells the same story as you do.  If the facts to which they testify differ from the ones to which you testify, there is no way to predict which witness the court will believe. One more point.  Often in determining these types of issues where there in no documentation, or the documentation is not clear, the court is guided by the custom in the industry.  If the custom in this industry is that deposits are fully refundable, the court is unlikely to believe, without any documentary evidence, that this agreement differed from the norm, and vice versa.