Emails would never constitute a contract in any court. That they are
the point of negotiations means nothing. Emails are NOT an oral
contract and even if it were, the seller violated the non-agreement by
misrepresentation. Courts will not accept emails as proof because of
the ability to manipulate them.
My sister is a Circuit Court judge, this came from her. Nice try, but
totally false.
Rascal
-----Original Message-----
From: owner-dakota-truck@bent.twistedbits.net
[mailto:owner-dakota-truck@bent.twistedbits.net] On Behalf Of Gabriel A.
Couriel
Sent: Thursday, October 10, 2002 11:24 AM
To: dakota-truck@dakota-truck.net
Subject: DML: RE: RE: RE: Need advice
through negotiations, the e-mails constitute proof of negotiations.
there
can be an oral agreement on this matter, but the e-mails prove the
negotiations. and yes, e-mails can make a contract.
Gabe Couriel
http://frontpage.tripod.com/fijigabe0
--- 1998 Dodge Dakota Club Cab Sport 3.9L V6 5-Speed Manual Transmission (AX-15) 3.21 Open Rear End-----Original Message----- From: owner-dakota-truck@bent.twistedbits.net [mailto:owner-dakota-truck@bent.twistedbits.net]On Behalf Of Rick Barnes Sent: Wednesday, October 09, 2002 4:07 PM To: dakota-truck@dakota-truck.net Subject: DML: RE: RE: Need advice
If you return it, you don't have to worry about court, and no, emails do not constitute a contract, but that is an interesting idea. Rascal
-----Original Message----- From: owner-dakota-truck@bent.twistedbits.net [mailto:owner-dakota-truck@bent.twistedbits.net] On Behalf Of Gabriel A. Couriel Sent: Wednesday, October 09, 2002 3:37 PM To: dakota-truck@dakota-truck.net Subject: DML: RE: Need advice
from your e-mail, i take it that the negotiations for the supercharger were e-mail based. you need to keep those e-mails, because they prove the existence of a contract. now, by not paying him, you are in breach of the contract, because his action (sending the supercharger)was based on your agreement to pay him for the supercharger. HOWEVER... you can argue that there was breach of contract on his behalf because the part was advertised as "Very clean, like new," thus you may be found to not be bound to the contract.
now, if i were you, i would return the supercharger to the guy, and inform him (in writting, and make photocopies) that the supercharger was not in the conditions that he had promised (and take pictures!!!). be prepared to secure a lawyer (in case he wants his money), but do not keep the supercharger if you have not paid for it.
oh, and print out, back up, and do whatever you can to find the e-mail pertaining to the original agreement to buy the supercharger. that is probably the most important thing you can have if you have to take this to court.
just some advice from a first year law student...
Gabe Couriel
http://frontpage.tripod.com/fijigabe0
--- 1998 Dodge Dakota Club Cab Sport 3.9L V6 5-Speed Manual Transmission (AX-15) 3.21 Open Rear End
-----Original Message----- From: owner-dakota-truck@bent.twistedbits.net [mailto:owner-dakota-truck@bent.twistedbits.net]On Behalf Of Marty Nowak (Got-Speed) Sent: Wednesday, October 09, 2002 1:59 PM To: dakota-truck-moderator@bent.twistedbits.net Subject: DML: Need advice
Ok I bought a powerdyne supercharger (just headunit and brackets) from a guy in GA. He had it listed on Ebay for $600 shipped, so I emailed him and bought it (not through Ebay). The description said it was "Very clean, like new". I told him I would want it sent COD and he said fine. Well he sent it to me, but forgot to send it COD. He emailed me yesterday telling me to just send him the money via Western Union. Well I got the blower today and at first look, it looks like someone took a wire wheel to most of the unit that they could get a large wheel to and then painted it aircraft grey. I was fine with that, saying to myself I can just beadblast it. Well not wanting to fill up the inside with blast material I took it apart, and the thing looks like it has been sitting in the ocean for the past year ! There is rust, sand, and white powder all over inside (I'll bet the outside looked the same and thats why it was painted). Basically the whole thing needs to be ripped apart and rebuilt. Powerdyne wants a few hundred to do this and I can get new bearings for $100. My question is what should I do about this ? I have not yet paid the guy, and don't feel that it is worth $600. I am even more upset that if I would have paid, I would have a POS right now. I feel like not even paying him anything for it. I don't want to send it back cause, 1) I want a blower, and 2) he would probably just put it back together and sell it to someone else who is not as "smart" as me. Any ideas ?
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