QUESTION
Mistake in interpretation of a contract. Is sellers ''labeling of styles'' a fact?
Asked on Dec 05th, 2011 on Contracts - New Jersey
More details to this question:
I ordered a piece of wood stained furniture. I wanted stain color sandstone. The purchase order (drafted by the seller and signed by the buyer) lists stain as stain color sienna, and the item arrives with stain color sienna. My signature on the order assumed ''sienna'' was the sellers label for the color I wanted (I.e. I assumed I was getting sandstone - was not aware the stain entered --presumably in error-- was not the one I wanted). sellers labelling of stains is on the internet but buyer assumed order was entered properly --based on in-person conversation. Is buyer obligated to accept sienna stained furniture?
1 ANSWER
1 Award
Yes. The purchase order is the contract. Your mistake would not be deemed reasonable or mutual, which is what would be required if you sued. The seller made the furniture, and no court would require him to take it back.
Answered on Dec 10th, 2011 at 8:54 AM