Legal Question in Business Law in Michigan

I have a commercial customer who purchased 24 custom-made windows for a building that he is rennovating in order to lease out space to tennants. He had signed an order form for the 24 windows. When I delivered the windows he refused to pay me because he thought it was for 48 windows and not 24, even though it stated right on the order form 24. He wanted me to take the windows back (I can't they are custom-made for his building), he said he got a quote from another company for the entire 48 for the same price as my quote, and now he wants to just purchase from them (it was an inferior product to ours, I could have never done 48 windows for that price. I spent over 3 hours with the guy trying to get paid, he finally gave me a check for $1,500 and forced me to sign on the order form paid in full in order for me to get the $1,500 check. He owes me $3,500. Should I cash the check, or not? If I cash the check is it a done deal, or should I cash the check, and try to get the balance through small claims court saying I was forced to sign in diress? Or should I not cash the check and take that to small claims to try to get entire money owed to me? I'm not sure what to do. I need the $1,500 to pay for the windows, I still owe the manufacture $1,900. Thank you, John


Asked on 12/07/10, 10:47 am

2 Answers from Attorneys
Glenn Matecun Matecun, Thomas & Olson, PLC

If you signed "paid in full" you are probably out of luck. You should have taken him to court, your case was a good one. You will likely lose because you signed off. Duress is VERY difficult to argue, unless you were truly forced (threats, gunpoint, etc.). You should speak with an attorney and have him/her review all documents to see if there's a way out.

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Answered on 12/12/10, 11:11 am
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I agree entirely with the other attorney answer. I've consulted on a number of "duress" cases involving franchise contracts and duress is very difficult to prove. Next time get what you need to cover your costs up front. That way it will be easier to collect the balance due. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 12/12/10, 11:30 am


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