 The Clarinet BBoard
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Author: John Gibson
Date: 2001-01-20 00:05
First thanks to all who responded to my "find". Well with your input I decided to go back to the going out of business "clarinet" store and buy the extra keyed Selmer. Guy that was going to sell it to me the day before said another person came in and told him it was worth more than the hundred bucks he agreed to, so when I came back money in hand the price went to $600. I called the owner and he said we'd talk in a week. That's when the store closes. If he doesn't sell it by then, I guess I'll have a shot at it. So basically I was a day late and a dollar short
In reality I really was looking for a 'backup horn", but thought it would be interesting to own one in the key of "A" that had all the extra key work including the low E flat.. By the way, it comes in the original case and is "all there".
So for the next seven days I guess I'll just have to dream.....Again thanks for your input....
John
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Author: John Gibson
Date: 2001-01-20 00:36
I will. My wife and kids already call refer to me as a "clarinet nerd". Oh well....
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Author: mw
Date: 2001-01-20 01:22
Or, get a lawyer and sue for specific performance!
There are proper & improper ways to rescind an offer.
If the company had simply said ... "we made a mistake" --- I can deal with that.
If the company sasaid ... "yes, we agreed to sell it to you but then we found we could get more" --- that tends to leave a bad taste or odor.
You sound like a very nice & understanding person.
If I was the store owner & that mistake was made, I would stand by the offer to sell & perhaps encourage the customer to buy something else as well, so as to offset the loss.
mw
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Author: Anji
Date: 2001-01-20 23:29
How on earth do you sue someone going out of business?
Getta grip, jeezit!
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Author: Lawyerguy
Date: 2001-01-21 10:49
I read the post, and I do not believe that John can sue for specific performance. A contract, to be complete, must include offer, acceptance, and something called consideration. John offered $100, and the store owner accepted. But then John left without buying the horn. Since John didn't give the store owner anything in consideration (eg. five or ten bucks to hold the horn for him at that price), there is no consideration, and thus no contract. There can also be an argument that the store owner, by saying "go pick a horn and mouthpiece" was actual the offeror. Since John didn't buy the horn at that time, there is no acceptance, and thus no contract. Nor can you sue in "quasi-contract" (second resatement of contracts, section 90) since John has not detrimentally relied upon store owner to hold that price.
Beyond that, I don't know who "mw" is, but I certainly would not represent him. $600 dollars is a fair price for that instrument. $100 is a steal. No one has been harmed here, and court is not the proper venue to negotiate this. A missed opportunity may be bittersweet, but that is not a good reason to sue. Also given the fact that the store is going out of business, you really do seem to be kicking the guy when he's down.
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Author: Clarinet Mom
Date: 2001-01-21 11:29
Lighten up, guys....Let's consider the possibility that mw was not entirely serious...:):):):):):):):):):):):):):):):):):):):):):):):):):)
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Author: rochellelawanda
Date: 2001-01-22 04:36
What a bunch of loosers, 600 bucks hey, I like that. Is that out of community property ? Get a freakin grip
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