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mm mm is offline
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Default do not shop home depot

On Thu, 15 Feb 2007 14:57:44 -0800, "Steve B"
wrote:


"Charlie Morgan" wrote in message
.. .
On Thu, 15 Feb 2007 14:35:40 -0800, "Steve B" wrote:


"Malcolm Hoar" wrote


The buyer does not have that promise in writing. But verbal
agreements are enforcable.

And worth the paper they're written on.

Steve


Boy could you ever get yourself in a pickle easily. Oral agreements are
very
often found as enforceable as written contracts.


They ARE just as enforceable, but they are harder to prove. Once
proven, the difficulty of proving them is no longer an issue, unless
the losing party can argue that as a matter of law, there is no
contract. Matters of fact are not reviewable once the trial court has
decided something, whether by judge or jury.

The exception is contracts for the purchase of land (and maybe other
acts regarding land, I forget). They MUST be in writing. If
interested, look up the Statute of Frauds.

CWM


What planet are you from? On this one, paper ones are very difficult to
enforce.


He didn't say easy to enforce. He said just as enforceable. Court
judgements against corporations with a fixed location and tangible
assets are very easy to enforce. You tell the marshall to go and
sieze something that the marshall can sell for more money that the
other party owes you, and that's what he will do. Like he might take
power tools whose value is two or three times the judgement plus the
marshall's fee. The marshall has some way to sell this stuff and
recoup themoney. Or HD pays the judgment and marshall's fees and gets
its power tools back. If it is a bigger judgment they would take one
of the HD rent-a-trucks.

But it doesn't come to that, because normal companies know what is
coming next, and they pay in cash when they lose in court and have no
basis to appeal.

Steve