Well if you didn't agree sale or return terms he's under no obligation to take the unsold goods back. Generally speaking in a court situation, the fact that you accepted the goods and then started selling them would weigh heavily against you.
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Verbal contract, Master
How do you know they weren't provided on a 'sale or return' basis?Originally posted by The MasterWhy not?Comment
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Oral Contract, DG
Because the OP said the agreed arrangement was "the deal was that we paid as and when we sell the goods".Originally posted by Dundeegeorge
Of course, he could lie about it, but in which case he may as well say the agreement was that the supplier would compensate him for any goods not sold.Comment
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'As and when'
So if the goods aren't being sold, then why is the supplier expecting to be paid for them? Unfortunate if he doesn't manage to sell the goods then.....Originally posted by The MasterWhy not?Comment
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To summarise
Off the top of my head:
1. Ignore the other guy's solicitor, he doesn't owe you any duty of care - his advice will be calculated to obtain a good result for his own client ONLY
2. Get your own solicitor - it costs, but it'll cost more if you don't
3. Decide what the details of the arrangement & sequence of events were, write them down, and both you and your business partner stick to the same line. Make specific note of anything that shows that he broke the agreement first (late delivery, wrong quality etc)
4. I hope you kept all the post-dated checks, or evidence of the offer - they show that you attempted to come to an arrangement that would have paid the other guy in full. The fact that he has refused this offer of settlement, then taken you to Court may enable you to prevent him from claiming his costs, even if he wins.Life is just nature's way of keeping meat fresh
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