Legal Question in Business Law in Utah

What is the next step in this scenario: We are a farm. We advertised pigs for sale at $100.00 a piece delivered. We delivered nine pigs to a man that works for a school to be used as show pigs by school students. He told us the school as paying and that it would have to go through payroll and that we would get our check mailed to us in 7-10 days. It has now been a month and we have not been paid. We called the man back and he said he turned it over to pay roll so it is no longer his problem but he will not give us a number to call and hangs up on us when we call him. We know that he does indeed work for the school and that the school is supposed to be paying us but we didn't get a reciept or anything. So are we just out the money, do we keep trying, or do we have the right to go and get the pigs? Thanks for you help!


Asked on 5/05/12, 5:33 pm

1 Answer from Attorneys
Robert Gurr Gurr Brande & Spendlove, PLLC

Your oral contract in this instance is valid because the pigs have already been delivered, and he accepted deliverance--so no, you are not out the money. If you know what school he works for, I would simply contact the school administration, explain the details, and request payment. Explain that the money must be received or that legal action will be taken (in the alternative, you could also demand that either the money must be paid or the pigs must be returned).

If they fail to pay or to return the pigs, you certainly have a claim against them. Follow the proper channels for lodging a complaint (through their administration) and take it to small claims if you need to.

Hope this helps.

Rob

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Answered on 5/05/12, 8:32 pm


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