From: J (w7ls@blarg.net)
Date: Sun May 07 2006 - 21:19:12 PDT
If I understand this correctly, the following would be an analogous
1 Dan orders a screwdriver from Gene.
9 Dan is out money and has unwanted and unordered merchandise.
The issue of differential values of the two tire sizes only muddies the
Jim
Michael Howell wrote:
exchange:
2 Gene accepts this screwdriver order and agrees to ship a screwdriver.
3 Someone arranges for shipping a screwdriver. (Who was that?)
4 A wrench was somehow received by Dan, instead of a screwdriver.
5 Gene has been paid for a screwdriver, even though Dan received a
wrench.
6 Dan still has no screwdriver, but has paid for a screwdriver.
7 Dan has received an unwanted wrench.
8 Dan paid for shipment of a screwdriver, but didn't receive shipping
service of a screwdriver.
10 Dan performed his part of an equitable exchange and is awaiting
the proper merchandise.
11 Gene has not shipped the requested merchandise, yet.
issue. An item was ordered (including shipping charges) and has yet to
be received. If this is not correct, someone please correct the line
numbers above.
> Dan, you have a right to be upset. You paid top dollar for one thing
> and got something else. I don't remember exactly what you paid for
> the tires but I am not surprised you didn't get that much. Were you
> trying to get what you paid or was Gene going to refund the difference
> in what the tires sell for? Or was the price you paid what the 900x20
> actually cost and the 1100x20 would have been even more?
>
> In my opinion Gene's obligation in this would depend on the role he
> played. On one extreme, he would be a dealer who quoited you a price
> to sell you a 1100x20 tire. When you agreed to the price and sent
> your payment, he ordered the tires from his wholesaler and then
> shipped them to you. Gene should have made a fair profit for his
> trouble. The
> wholesaler should have billed him less for the smaller tires so there
> should be some money that could be refunded. A dealer should have
> done more than you say has been done to make this right.
>
> On the other extreme, he would be a fellow MV'er who offered to order
> you some tires because he could get them either cheaper or some other
> reason and you couldn't. He would only have charged you what it cost
> him and didn't make any profit. He still might get some money out of
> the tire dealer if he billed the same price as was quoited for the
> larger tires. I would not expect him to lose any money in the deal
> that has gone bad.
>
> I suspect that Gene operates some where in between these two
> extremes. We would have to know more details to decide if he has done
> enough. So far I would vote the tire dealer as being the bad guy for
> knowingly shipping the wrong size.
>
>
>
> Mike
> Tishomingo, Mississippi
>
>
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