"jim rozen" wrote in message
...
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

Yup,
Back in the 80's I worked as a Harley - Davidson mechanic at my brothers
motorcycle shop. Every 3 months or so he would accumulate enough bad debt
that he would take everyone that had failed to pay their bill to small
claims court.
Being the owner and the mechanic, we were the "star" witnesses (the only
witnesses), and I was constantly amazed at the common sense and the high
level of perception (or B.S. detectorability) displayed by the small claims
court judges after hearing only a very few minutes of opposing testimony.
We never lost one, and it was always a "he said vs. she said" situation,
only we usually had an invoice with appropriate notation hand written by one
of us about the condition of the motorcycle, signed by the owner.
It significantly bolstered my confidence in the American system of justice.
I hope Mr. Harold gets to stand on the court house steps and say, as we
often did, "Naa Naa Naa NaNa, you lost!"
We used to take the proceeds and make a trip to the best steak house within
several hundred miles, North Star, in Topeka, Kansas, and enjoy a very very
fine meal!

JTMcC.




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