Legal Question in Civil Litigation in California

Breach of Contract

What can I do to get goods that I have paid for from a business that refuses to honor their contract? I have already paid for their services but now they demand more money in order to receive my goods. They have stated that it was discussed verbally over the phone but was never written in the contract signed by both parties and now they demand more money. How can I receive the goods I'm entitled to without having to pay extra when it was never agreed upon or placed in our contract of services?


Asked on 3/22/07, 7:17 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Breach of Contract

Depending on the value of the goods, you can go to small claims court and seek "specific performance," i.e. delivery of the goods to you. Or you can ask for your money back. Finally, you can notify the credit card company that they never delivered the goods and dispute the charges.

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Answered on 3/22/07, 8:32 pm
Terry A. Nelson Nelson & Lawless

Re: Breach of Contract

The obvious answer is that, if you two can't resolve it among yourselves, then you will have to sue. If small claims court value, up to $7500, do it yourself. If over that, get an attorney to take action. Feel free to contact me if you need that done.

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Answered on 3/23/07, 4:47 pm


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