Q: Can I sue a customer for not paying me full amount (oral agreement)?
I had an oral agreement with a customer to plant 10 trees in her yard and provide five special cares (once a month) after the 6 months planting for $20,000 so the whole process is 1 year and 1 month. I bought the tree at $600 each and materials for one treatment at $300. After 3 treatments (9 months later), the customer backed out and paid me only $5000.
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A: You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, an oral agreement in many instances can also be valid (although never advisable). Not having a written agreement is going to be challenging to proof in court, unless you, e.g., have direct witnesses who will attest under oath to the terms of the oral agreement, while the other party has no such witnesses. Still no guarantee here for any outcome in your favor.
A:
Some agreements must be written to be enforceable; some not. Have a free telephone consultation with counsel.
Jack
A: One of the issues that could arise here is the statute of frauds, in terms of requiring a writing. An attorney could advise more meaningfully after reviewing in more detail. Good luck
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