Legal Question in Consumer Law in Georgia

Re-sale of purchased items

I pre-purchased 12 flats of strawberries through an organization. When I picked up the strawberries I miscounted and only took 7 flats with me. The organization in turn sold the remaining 5 flats to another person but they still cashed my check for all 12 flats even though I only took 7 flats. I know this is highly unethical but is it breaking a law?


Asked on 3/22/06, 7:06 pm

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Re-sale of purchased items

Well, if you can prove that you only took 7 flats, you may have a case for the cost of the other 5. However, you have two problems. One, it will be argued that you should have counted more carefully. Two, while you can sue in small claims court, you still have to pay the filing fee. Do whatever your conscience dictates, but if I were in your position, I would just write it off as an unfortunate incident and move on.

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Answered on 3/23/06, 3:06 pm


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