Quote:
Originally Posted by Steve Carlton
Not sure you understood my post. I'm wondering if he's legally obligated to mitigate your damages- i.e. you get what you ordered from somewhere else and he pays the difference. Or, preferably, he delivers on a rush basis what you ordered and waited 7 weeks for. He should cover the return shipping, too. But he doesn't seem to have a clue about what the right thing to do is.
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Perhaps I'm legally entitled to have him make it right, but I don't really want to start chasing after someone who doesn't seem to be concerned with what's "right". Plus, I've done the small claims route before and it's a lot of time & effort... certainly not worth my time for ~1k.
My last small claims case was around this same #$%@ boat, and in that case I did have other businesses correct ~$3k of damage and missing items, and the seller had to pay.
FWIW, that case centered around the "as delivered" condition of the boat... the seller dismasted the boat while sailing it to our place, and left it tied to a wharf with the broken mast & torn sails hanging in the water. Then a few months later it was vandalized in my driveway during a stike, and had to be repainted.
I subsequently named the boat
Ms Fortune.