In article , Pat says...

I once had a partner who was a lawyer... Many times he told me... "the
courts expect you to mitigate your losses"... If you go to small claims
court, I would expect the Judge to tell you... "Mr Harold, your claim should
be for $50, the amount of the freight.... you should have taken the refund,
minimized your loss to $50 and if you felt it necessary, file the claim for
that amount"....

But then again Mr. Harold could reply to the judge:

"Your honor, the seller substantially mis-represented the item.
It was as though he told me it was a horse, and he sent me
a cow. I would like to be made whole again - as if the transaction
had *never* *happened* at all. Because the contract that was
agreed upon (I pay for a horse, and he sent me a cow) was null
and void.

Part making Mr. Harold whole again means he gets the purchase
price back, and gives the goods to the seller, in *exactly*
the same condition they were sent. If the transaction had
never happened, Mr. Harold would not have spent any money
on shipping items back and forth. If I were the judge, I
would therefore reward him a complete refund, including his
original shipping costs, and require the seller to pay for
*all* the shipping - both ways.

That effectively "undoes" the deal from the purchasers
standpoint.

Jim

==================================================
please reply to:
JRR(zero) at yktvmv (dot) vnet (dot) ibm (dot) com
==================================================