Q: Should I take Sears to small claims court for breach of contract for selling furniture I ordered and paid for?
After paying for and setting up a delivery appointment, I was told the day before delivery that they no longer had my furniture set. After telling me that there policy is not to hold furniture that has been paid for, I told the manager that their contract said no such thing. After agreeing to allow my wife and I to pick out a similar set in the wrong color, Sears agreed to pay the difference for the inconvenience. Once it was all said and done, Sears used our previous payment along with a $200 gift card for the new set. After everything was done, we were told we had to pay $138 for the sales tax. I told the manager about the agreement and she said they covered their part, but they couldn't give me the extra $138 because they have already done enough. I left the store without taking the money or the gift card. What should I do?
A: One option is to ask them for your money back and move on.
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