QUESTION
who would win this small claims court case?
Asked on Sep 27th, 2014 on Civil Litigation - Wisconsin
More details to this question:
A tv was for sale on craigslist, i went to the house inspected it and wanted it. It didnt fit into the car so we paid for it said we would be back tomorrow. In the time it took for me to call my friend to see if i could use his truck to move the TV, my friend offered me his TV. Not even 2 minutes after having left the establishment with the TV we knock and no one is home.we phone them to find out they have already left to go pay some bills, w explain that we no longer need this TV our will be picking it up and would like our money back. They say sorry try putting out on craigslist. I know this has me in a bad spot having paid for the TV but the lack of decency and shady way they went about this makes me want to try and get my money back even if it costs me more just because if no one teaches people that lack of morals is bad then no one is going to start having any more morals ever.
1 ANSWER
Given these facts, you would lose, unless there is a Wisconsin statute (I assume that both seller and buyer live in Wisconsin) which allows you to back out of the situation within a given period of time. Since the seller is not in the business of selling tv's, I doubt that any such statute would cover your situation, but I am not familiar with Wisconsin law so it is possible. Absent such a statute, you would lose. You made a contract. You could have checked with your friend before you agreed, but you didn't . You did not negotiate a provision allowing you to back out, or condition the contract on any subsequent event, such as another tv becoming available.
Answered on Sep 28th, 2014 at 8:01 AM