Well, I have read both sides of the story and everything seems crystal clear to me, and I believe a court would also have no problem seeing things the same way. The other threads on this are below.
http://forums.azbilliards.com/showthread.php?t=90419
http://forums.azbilliards.com/showthread.php?t=90524
First Mr Griffin, you agreed to $1050 as the final price, with $525 down. He would not have sent you the large sum of $525 and shortchanged you by a whopping sum of $37.50. It just doesn't make sense. And you say he was supposed to send $562.50 but you did not mention it to him until 8 months later? Again, it just does not make sense. If the correct amount was $562.50 but you were going to go ahead and accept the $525 as downpayment, you would at least mentioned it to him that he had failed to send the full half and that the remaining balance would be higher. You did not do that because he sent you the agreed to correct amount to begin with.
Second, by your own words Mr Griffin, you told him 2-6 months for completion. It has been 8 months. "Cuemaker time" is great if the customer is willing to accept it, but if not you need to honor the deal in the timeframe that was estimated or give him his money back if requested. The courts see it the same way. I have on videotape the Peoples Court episode where a cuemaker was sued for this exact same thing, taking longer to complete the cues than the customer was told. The cuemaker used "cuemakers time" as a defense. He lost. The court ruled that there is no excuse for not delivering the cue/s at or at least close to the time frame that was estimated. It does not matter what the reasons are for the delay, health or otherwise. Yes that sucks for you, but ultimately it is NOT THE CUSTOMERS PROBLEM and it is not right to make him pay for YOUR problem.
Third, after the 6 months came and went he was doing you a favor by only asking for pictures to be sent as proof the cues were done. He could have rightfully just asked for his money back then but he stuck with you for several more months. You should have bent over backwords to accomodate him, because he was more than patient with you when you failed to honor you side of the bargain.
Fourth, you should be offering him a discount, not trying to weasel more money from him. You dropped the ball, and even if the reason was beyond your control, it certainly was not the customers fault.
Fifth, you keep saying that you do not give deposits back. That is only legal if you live up to your end of the bargain, including the delivery time. You cannot keep someones deposit if you never finish the cue, or if you finish it much after the time which was promised. He has every right to ask for and to get his money back.
Sixth, you feel that he should be paying you a commission for your trouble in having to sell the cues so that you can give him his money back after you failed to meet the delivery deadline by several months. Are you kidding me? Refer back to point number 4.
Seventh, you keep talking about how you have worked so hard to build your reputation over 15 years, but you sure seem willing to throw it away very quickly by the way that you have chosen to handle the situation. Count me in as someone that will not be doing any business with you, and I am sure that I am not the only one.
Mr Griffin, give the man back his money, and immediately, if that is what he wants at this point. If he is willing to work out another agreement, it is you, not him, that should be bending over backwards to make the necessary concessions.
