Quote:
Tom Servo, I am not an attorney, but I would think the approach would be:
I could have bought elsewhere for $900.
Dick's only wanted $850, so I bought from them, not the other seller.
Dick's took my money; a contract was made.
Now, Dick's has refunded my money, but breached the contract; other sources now cost $1300. Dick's breach cost me $400, so I want $400 plus court costs.
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It's not at all uncommon for companies to take preorders on items that they're ultimately unable or unwilling to fulfill. Even if Dicks didn't have some kind of clause in the purchase agreement clarifying their right to cancel the order (I'd be extremely shocked if they didn't), I don't see how you'd possibly have a chance of winning.
Maybe if you could show that Dick's was taking preorders knowing that they would never be fulfilled... but that's really a different situation than these complaints.
Look at it from a different POV:
Say that you need a tree removed from your yard. You hire Jimbo's lawn service to do the work next week and pay $100 up front. A few days later though Jimbo decides that he actually hates working on trees, tells you that he won't do the job and gives you your money back. Now you're looking at other services and can't find anything cheaper than $200. Do you have grounds to sue Jimbo? Frankly, I'd expect that case to be laughed out of court...
Now Troy Defense... they may very well have grounds to sue Dick's. Depending of course on the terms of their manufacturing contract.