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    Post: Painter Hypo

    Posted by Renn on 12/05/08

    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.

    Posts on this thread, including this one
  • Painter Hypo, 12/05/08, by Renn.
  • Re: Painter Hypo, 12/06/08, by --.

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