Community Magazine August 2019

AV - ELUL 5779 AUGUST 2019 49 YOU JUDGE! BE THE CANCELLING A PURCHASE Alan operated a wholesale womenswear company. He was approachedbyaninvestmentcompanyinterestedinpurchasingalarge amount of his inventory. The investment company was in the process of buying a nationwide chain store on the verge of bankruptcy and they anticipated needing an enormous amount of merchandise. The merchandise, once purchased, would prepare the stores for a going- out-of-business sale. The investment company further requested to purchase from Alan an accessory item which he did not own, though he assured them that he could supply them with the item. Alan immediately reached out to Joe, owner of a lady’s accessory company, and explained to him in detail the situation whereby his valuable contact was searching for merchandise. Naturally, Joe was pleased with the opportunity to move his inventory and offered the product to Alan at a reasonable price. Shortly thereafter, the investment company informed Alan that they were scheduled to finalize the purchase of the chain stores in just a few days’ time. They told Alan that thereafter they intended on placing their orders with him for immediate delivery, since by law the running a GOB Sale has a time limitation. Under pressure for time, Alan finalized the purchase of Joe’s merchandise by completing a formal purchase order. The purchase order detailed the item, the quantity, the price, the delivery date, and the terms of payment. The very next day the investment company notified Alan that their deal had fallen through. The nationwide chain store was not declaring bankruptcy, due to last minute funding they received to continue operations. The investment company thanked Alan for his time, and pledged to do business with him in the future. Alan phoned Joe to cancel his order, but Joe refused to accept. In Bet Din Joe explained that since Alan filled out a legally binding purchase order he may not renege. Alan responded that Joe knew all along that his purchase of the accessory item was contingent on the investment company’s purchase of the chain stores. Alan provided emails which attested that he included Joe in every stage of his interaction with the investment company. Alan explained that Joe understood the possibility of the deal not going through, and that the purchase order was only processed because of the immediate delivery requirement. IS ALAN REQUIRED TO TAKE THE MERCHANDISE? HOW SHOULD THE BET DIN RULE AND WHY? YOU BE THE JUDGE and send your response to YouJudge@CommunityM.com Verdicts – and the accompanying rationale – will be reviewed by the Rosh Bet Din. The first three correct submissions received before the deadline will win a $50 gift certificate to a Community Magazine advertiser! Correct entries will receive honorable mention in the next issue when the Rosh Bet Din’s verdict is printed.