[Fredslist] oil inquiry

[Gail Blasie]

thank you to all who responded to my oil inquiry.  They do indeed have me over a barrel (as Robert Sommerfield lyrically told me).

I spoken to the owner yesterday, but all he would offer is $3 a gallon.  He wasn't very sympathetic.  I was surprised.

I am going to call other companies.

The company was Morania Oil 516 679 2000
  ----- Original Message ----- 
  From: Robert D. Sommerfield 
  To: Gail Blasie 
  Sent: Thursday, January 17, 2008 8:35 AM
  Subject: Re: [Fredslist] oil inquiry


  Gail -

  In a very practical and also legal sense  -  they have you over a barrel (of oil).  Time to get a new oil delivery 
  company, since this one does not appreciate your business, even if you can't get a better price.

  The differential amount involved over the remainder of the heating season would make it uneconomical 
  to litigate and you answered your own question "they can do this". Unfortunately, since you are an 
  attorney, I can't see a judge cutting you any slack, as the court might with a layman. I don't see an
  argument by you based on lack of "material" breach prevailing over the express terms of your contract.

  Sorry.

  Robert D. Sommerfield, Esq.
  Gotham Westchester
  SommEsq at verizon.net 


    ----- Original Message ----- 
    From: Gail Blasie 
    To: fredslist at gothamnetworking.com 
    Sent: Wednesday, January 16, 2008 5:58 PM
    Subject: [Fredslist] oil inquiry


    Dear All:

    I am a new homeowner.  I did not realize that my oil bill needed to be paid in 10 days.  I paid it with the rest of my bills, within 30 days.

    Now the oil company has revoked my $2.39 gallon rate and imposed a $3.69 gallon rate because I did not pay my bill in 10 days. Unfortunately, I looked at the contract and they can do this.

    Has anyone ever challenged this?  It seems like my failure to pay in 10 days, but within 30 days is not a material breach, and they should not be able to essentially get out of the contract.

    Any ideas?

    thank you.  Gail Blasie
    Gail M. Blasie, P.C.
    Attorney at Law
    1134 Lake Shore Drive
    Massapequa Park, NY  11762
    phone:  (516) 457-9169
    fax:  (516) 804-8219
    http://www.blasielaw.com 

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