Legal Question in Business Law in California

Small claims

My ex girlfriend agreed to sell me some of her furniture when she moves. We agreed upon a price and sent each other an e-mail confirming the price. She renigged on the deal and sold it to someone else. Can I sue her for breach of contract?


Asked on 3/13/08, 8:03 pm

2 Answers from Attorneys
Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: Small claims

You could, but it probably wouldn't be worth your time, unless the furniture was antique or unusally expensive. Your recovery would likely be limited to the difference between the cost to replace on the open market and the price you were promised. In other words, if you agreed on fair market value as the sales price, your damages are likely zero, or close to.

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Answered on 3/13/08, 10:24 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Small claims

Sure, but why? Not every breach of contract results in a compensable loss to the non-breaching party.

Since your damages would be small to nothing, as Mr. Grant points out, this looks like either (1) an effort to "make her wrong," or (2) a way to see her again. Either motive would irritate the judge if it became apparent.

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Answered on 3/13/08, 10:36 pm


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