Q: Can a business just say "I'm not paying" the day before shipment after previously agreeing to share shipping costs?
I was working with an art gallery in NYC for years. Long story short we were supposed to have a solo show but they ghosted me and I canceled the whole thing.
Half the works they had of mine they had were still in consignment (IMO they breached the contract when they changed the prices without asking), half the works were out of consignment. In the contracts it said the gallery was responsible for shipment both to and from.
We set up a date for the works to be picked to ship, and agreed for the costs to be split (in an email). Gallery owner canceled first shipment day of. Big fights to get the work back. Set up new day. He wrote the day before the pickup that the gallery wasn't going to pay for shipment (in a text).
I've sent monthly invoices for the shipment costs. No response. I was in New York in Dec and dropped off an invoice, he ripped up invoice and told me he wasn't going to pay for it. He owes about $1400. Can he just say "I'm not paying" after agreeing to share costs?
A: Sounds like a small claims court matter. Evidence will revolve around written communications and any express agreement you and your adversary signed. Custom and usage in your industry may also be enlightening to the court. The amount is probably too small to warrant hiring an attorney.
Tim Akpinar agrees with this answer
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