If there is no written contract, the plaintiff, whoever that may be, may have a difficult time proving the claim. If there is something in writing from Joe, that would certainly change the picture. But scanning through this thread, I’m getting the impression there was no written agreement.
As an aside, I don’t know how old Joe’s wife is, but a senior citizen having to deal with this after Joe’s passing, while trying to determine whether the plaintiff’s claim is legitimate or whether someone is trying to fleece her, must be confusing and difficult.
When entering into an agreement involving something of monetary value, particularly when you don’t want to take a loss, a written agreement between both parties is paramount.
Based solely on what I’ve read here, I would think the plaintiff could have an uphill battle. And it’s a shame that Joe’s good name is being dragged into this because there apparently wasn’t a written document between the parties. Even a simple receipt acknowledging that the cue was received could have helped establish what was actually agreed upon. When I took my jewelry into the repair shop the other day, the clerk gave me a ticket to keep while it was being repaired. It listed exactly what I had left in their hands.
When a valuable cue is left in someone’s hands for repair, sale, or any other reason, get it in writing. My prediction, plaintiff loses this claim, and they should proceed with caution, consider all the facts not in their favor, before they become a counter-defendant in this case or a defendant in a completely different case.
