QUESTION

Do I owe him anything?

Asked on Jun 03rd, 2014 on Business Litigation - Georgia
More details to this question:
I viewed a previous restaurant site that contained a manufacturer's beverage cooler. The landlord said he owned everything in the site and I could use anything I wanted. We signed a contract that says I could use the beverage cooler but turns out it was owned by the beverage company and they came to pick it up. Now the landlord is wanting me to pay for it and said I should not have let them take it. I feel I signed this contract with pre false-tense that he owned the cooler when in actuality it is/was property of this beverage company. I'm trying to see if I legally owe him anything for this cooler.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
It depends on whether the landlord owned the cooler or the beverage company.  Each is claiming ownership, and you have no way of determining who is right.  If the landlord is right, he didn't defraud you, the beverage company did, and vice versa.  If there was a lot of money involved, you could sue them both and let a court sort it out, but it probably is not worth it in this case.  You should ask your landlord for proof that he owned the cooler.  If he doesn't provide it, you can refuse to pay, and the landlord may then sue you, or you can pay, on the basis that you're going to have to deal with the landlord going forward, and it isn't worth getting into a big fight over this.
Answered on Jun 03rd, 2014 at 4:38 PM

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