On Thu, 8 Apr 2010 13:32:05 -0400, "Sanity" wrote:



"SMS" wrote in message
...


. A
judge is likely to rule against you if you sue Lowe's because they will
say that you should know not to believe anything an employee of the store
says about any product.

That's one of the most foolish statements I've heard. A sales associate
represents the store. If he lies or misrepresents the store is responsible
for it. Just think. Go in and buy a shovel and the associate tells you that
that shovel will shovel your walk without you even holding. it. They'd sure
sell a lot of shovels but the next morning there would be a lot of screaming
customers out there. A representative of any company is exactly that, a
representative and/or agent.

Bad example. There is a point at which the customer is not supposed
to believe everything he's told. Read about "puffing".** Or maybe he
can believe it but he can't base a claim on it. Pretty sure it would
cover a statment that you don't have to hold the shovel.

**This might relate to used car ads that claim the car is a cream
puff, whatever that means. It might only apply to second hand, but I
think your example, don't have to hold it, would be included even for
something new.

But you're right about your real life case.

A lot of people think they can't subpoena people to small claims
court. I think in most or all states you can. If in your complaint
you quote the guy and the store doesn't bring him they probably won't
blame you for his not being there, but how much they will believe you
about what he said without his being there to x-examine, I don't know.
The wrapper on the stuff is more imporant and bring printed evidence
like a paid bill that says "driveway sealed" to prove that. If you
did it yourself, maybe you have at least a log entry in your company's
project schedule.

What you say IS evidence, but it helps a lot to have printed evidence.
If you seem to lie or fudge and he is convinced you have, the judge is
entitled to consider eveytthing you say to be false. Of course the
same peroblem for the store.