Posted by Renn on 12/05/08

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I entered a contract for the commission of a portrait as a
wedding gift to my sister and I wanted to sample the
artist's work first, so I told him to sketch my sister and
that we would decide by July 1. The contract said he would
be entitled to $1000 if we liked his work enough to order a
fully painted piece and that we would notify him if we
didn't like it by July 1. Otherwise, he would paint and
deliver the portrait by November 1. My sister realized that
she didn't like the sketches on July 4th (past the
notification date) and we emailed him not to bother
finishing. He said we didn't notify him in a timely enough
manner, and continued to work on the portrait and mailed it
to us anyway. Now we're stuck with a painting we don't want
and he is demanding the $1000. What do you suggest? How
would a court treat our case?

I'm thinking the painter is still owed the $1000, in terms
of expectation damages for his performance, but because he
continued to work after being notified that we did not want
the portrait, the $1000 should be reduced by the amount of
the portrait's worth.

Re: Painter Hypo, 12/06/08, by --.

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