Legal Question in Consumer Law in Illinois

Who do I sue, agent or seller?

I contracted Fred to remove a broken refrigerator in my house.

While there he asked if I would be interested in buying another

refrigerator as he knew of a man named Joe who had a brand new

one and would sell it for $1200. I said I was interested. Fred then

called his friend Joe and told him in front of me that he had a buyer

for the refrigerator. Fred then brought the refrigerator to my house

and I gave him a check for $1200. Fred said to make the check out

to Joe, so I did. Fred gave me a receipt from Joe and then I asked

Fred to sign my agreement for one year guaranteeing good

working condition of the refrigerator for one year. Fred signed the

agreement. Refrigerator does not work and Fred will not give me

back the $1200. Who do I take to court? Fred, the person who

brokered the deal, or the man named Joe who I made the check

payable to but never met or spoke to? Thank you. Michael Karr


Asked on 11/17/03, 5:36 pm

1 Answer from Attorneys

Mary McDonagh McDonagh-Faherty Law Offices

Re: Who do I sue, agent or seller?

I suggest sue them both - Joe as owner, Fred as agent of owner.

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Answered on 11/17/03, 8:05 pm


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