Legal Question in Business Law in New York

Verbal Contracts

We purchased a computer for a person that ask for it. When it came in he was unable to pay for it at that time. But had us pay for it till he had the money. We agreed with the understanding he'd pay us back in a set time.

We talked with this person and we're told he'd have the money and to come by and get it on a set date. We did come by and he wasn't home. A few days later he said he bought another computer elsewhere and that we could keep the other one.

Question is ..Isn't this a verbal contract that is binding? Can we go after this person legally to get our money back as we cannot return the computer for a refund?

Asked on 8/01/99, 6:04 pm

1 Answer from Attorneys

Philip Schnabel Schnabel Law Office

Re: Verbal Contracts

A verbal contract is as binding as a written contract as long as it can be performed in less than one year(Statute of Frauds).

If the verbal agreement was to be completed in less than one year, and it was for under three thousand dollars, a claim can be filed in Small Claims Court for a modest fee. The Court clerk will help fill out the paperwork and take care of service by certified mail on the defendant who is required to appear or have a default judgement issued against him or her.

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Answered on 8/02/99, 9:08 pm

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