Who can be sued

[NIV]

No, I'm basing my answer on exactly the facts we were given.

Was a contract breached?

 

[quincy]

I wrote a check to a friend of mine who was supposed to order some electronics from his father. After not receiving the items I requested, I asked for my money to be refunded. It has been 9 months and I have not received either. I want to file small claims, but who do I file against? My friend or his father?.... California

NIV, although I can agree with you that, with the facts as given, the agreement between friends does not appear to meet all of the elements necessary for the formation of a contract, and I can agree that what is described better fits conversion rather than breach, the bottom line remains the same.

Ignorantwithlaw's suit for return of his money needs to be filed against the friend who took the money.

There are no other facts presented that support suing anyone else, be it the father, the electronics manufacturer, the delivery service, a neighborhood thief who ran off with the package ...

If Ignorantwithlaw wants his money returned, he sues the only person known to have it in his possession and let the friend defend the suit as he might.

 

[Zigner]

Was a contract breached?

See Q's reply

 

[NIV]

If we make up facts of a contract, when is our time of performance to determine a breach?

If we imagine contract, we might also imagine the OP sending a letter requesting assurances of performance from the person the OP believe the contract is with before suing anyone.

If Ignorantwithlaw wants his money returned, he sues the only person known to have it in his possession and let the friend defend the suit as he might.

Who has "it" in his possession? A check was given to friend for father. We will assume it has been changed into cash or the OP would just stop payment. (With the risk of contract breach on his part.)

Who cashed the check? Is it the same as the one the purported contract is with?

If someone gives me a check to give to another for electronic equipment, I deliver said check, and then the other does not perform--am I in breach of a contract for the sale of electronic equipment?

 

[quincy]

If we make up facts of a contract, when is our time of performance to determine a breach?

If we imagine contract, we might also imagine the OP sending a letter requesting assurances of performance from the person the OP believe the contract is with before suing anyone.

Who has "it" in his possession? A check was given to friend for father. We will assume it has been changed into cash or the OP would just stop payment. (With the risk of contract breach on his part.)

Who cashed the check? Is it the same as the one the purported contract is with?

If someone gives me a check to give to another for electronic equipment, I deliver said check, and then the other does not perform--am I in breach of a contract for the sale of electronic equipment?

Did you even read my post?

 

[latigo]

Your phrase "assuming hypothetical facts" is glaringly redundant!

Resorting to superficial rhetoric rather than admitting one's mistakes says much about a person's character. None of it flattering.

 

[CTU]

Your phrase "assuming hypothetical facts" is glaringly redundant!

Resorting to superficial rhetoric rather than admitting one's mistakes says much about a person's character. None of it flattering.

Irony is indeed ironic.

 

[quincy]

My post was edited, huh? I didn't think my comment was all that insulting. I apologize as it was apparently seen to be.

All sorts of scenarios can be imagined. I don't think that listing all of the possibilities serve any purpose, however, since no imaginings stand to change the bottom line.

If a suit is to be filed, the suit should be filed against the friend who was given a check and tasked with ordering the items. If nothing else, serving the friend with a summons and complaint is apt to get the attention of the friend and Ignorantwithlaw might find out what has happened to his expected order and delivery of electronics.

 

[NIV]

Your phrase "assuming hypothetical facts" is glaringly redundant!

Redundant is not quite correct--even when "quoting" incorrectly. Re-read the actual portion in context and see the amazing difference!

Resorting to superficial rhetoric rather than admitting one's mistakes says much about a person's character. None of it flattering.

1. What mistake(s) was that?
2. As to superficial rhetoric, I've tried to keep things substantive all the way through. I will leave it to others who look to your contribution in this thread to determine if your thought should apply to you.

 

[quincy]

Redundant is not quite correct--even when "quoting" incorrectly. Re-read the actual portion in context and see the amazing difference!

1. What mistake(s) was that?
2. As to superficial rhetoric, I've tried to keep things substantive all the way through. I will leave it to others who look to your contribution in this thread to determine if your thought should apply to you.

I think you strayed too far into hypothetical territory, NIV. The facts given do not support your imaginings.

If Ignorantwithlaw wants to return to add more information, perhaps then other answers to his original question can be explored.

 

[Ignorantwithlaw]

Further info...

I wrote a check to a friend of mine who was supposed to order some electronics from his father. After not receiving the items I requested, I asked for my money to be refunded. It has been 9 months and I have not received either. I want to file small claims, but who do I file against? My friend or his father?.... California

Upon purchasing my home, my friend "Mr. S" completed tv and security cameras installations. This is Mr. S's line of work. I mentioned that I wanted to do a stereo system wired throughout the home and patio. Mr. S commented that his father is a tech support employee at "Electronics R Us" and that he could have his father order it so that the employee discount could be applied. A few days later Mr. S. got a detailed list of what I wanted and later came to me with what the price would be. I wrote the check out to Mr. S, so he could deposit it and then transfer funds to his father. The rest is as stated in original post.

 

[quincy]

Upon purchasing my home, my friend "Mr. S" completed tv and security cameras installations. This is Mr. S's line of work. I mentioned that I wanted to do a stereo system wired throughout the home and patio. Mr. S commented that his father is a tech support employee at "Electronics R Us" and that he could have his father order it so that the employee discount could be applied. A few days later Mr. S. got a detailed list of what I wanted and later came to me with what the price would be. I wrote the check out to Mr. S, so he could deposit it and then transfer funds to his father. The rest is as stated in original post.

Thank you for providing the additional information.

You would need to sue Mr. S. He is the one you paid to order the electronics. He is the one with whom you made the agreement.

I wish you good luck in recovering your money.

 

[NIV]

I agree with quincy (zigner and the rest), you sue Mr. S. His father has nothing to do with the deal.

 

[quincy]

I agree with quincy (zigner and the rest), you sue Mr. S. His father has nothing to do with the deal.

That is nice to hear (not only the agreement but also your removal of discussion on unclean hands).