Posted on 08/09/2007 11:06:37 AM PDT by goldstategop
If you're going to cheat on your spouse, you might want to consider the hilarious case of Leroy Greer. This advice would best be considered by a certain preoccupied Immigration and Customs Enforcement (ICE) Director of Detention and Removal.
On Monday, Greer filed suit against 1-800 FLOWERS for $1 Million, claiming breach of contract (Leroy Greer v. 1-800-Flowers.Com Inc., Case No. H-07-2543 (Houston)). Greer cheated on his wife and sent flowers to his extramarital girlfriend via 1-800 FLOWERS. He asked them not to send a receipt or any record of it to his home or office, conditions to which he alleges the company agreed. 1800flowers.jpg
But, months later, the company sent a thank you note to his home. His wife saw it, called the company, obtained the receipt, and found out the whole deal. She filed for divorce. Above the Law has a copy of the receipt, which says, "Occasion: Love & Romance," and "Must Include Cuddly Plush/Stuffed Animal."
I doubt Greer will collect much in this suit. He certainly doesn't deserve $1 Million for it. Damages have to be foreseeable by the party who allegedly caused the damages. Did 1-800 FLOWERS know Greer was cheating on his wife? I doubt he openly said so. But when a man orders flowers sent to a woman who does not live at his home and asks that there be no record sent to his home or office, it's probably a likely suspicion that the woman is an extramarital paramour.
And then there is the amount he paid for the flowers. In a breach of contract suit, if you win, you will usually, at least, get that back. So maybe he'll get back $40 or $50, plus the filing fee. 1-800 FLOWERS probably has a standard agreement with all purchasers on its website, limiting the damages to a certain small sum. And finally there is the issue of adultery, which is still illegal in most states. Under some law, the commission of a an illegal act limits your ability to sue and get damages over being caught engaging in it. Plus, a court geneally won't want to reward that.
Most people wouldn't have the gall to sue over this. Now everyone around the world knows about the private life of Leroy Greer. And for what?
Oh that's easy. My ex would pick a fight, then storm off ;) He wasn't remarried for even two years, and the kids found his personal ad back up on Yahell!
Oh they'll find the time...
Adultery isn’t even an option for divorce. It’s unreconcilable differences these days. Either that or insanity.
I don’t know of any court that could give a care about adultery these days.
You're either sweetly sentimental or startlingly cheap. I'm not sure which . . .
:)
Offer, acceptance, consideration, (and, optionally for some) remedy.
Are you sure you aren't channeling Prosser?
Ahah. Thanks, counselor!
In contract terms, there was a contract to supply flowers, which was fully performed. I suspect this “don’t send a receipt” business was either only a unilateral request, which was not accepted by the florist, or even if “agreed,” it was not part of the purchase contract but was a side deal unsupported by consideration, and thus was unenforceable.
After 21 years, you use whatever ammo is dry at the time!
One Perfect RoseA single flower he sent me, since we met.
All tenderly his messenger he chose;
Deep-hearted, pure, with scented dew still wet
One perfect rose.I knew the language of the floweret;
My fragile leaves, it said, his heart enclose.
Love long has taken for his amulet
One perfect rose.Why is it no one ever sent me yet
One perfect limousine, do you suppose?
Ah no, its always just my luck to get
One perfect rose. Dorothy Parker.
I was using torts.
of course in contracts, the UCC only requires quantity be identified and all else can be show by extrinsic evidence.
Either way he should have more than enough to survive a motion for summary judgement.
ohhhh so close.
You forget federal laws regarding dissemination of financial information.
also you are addressing this as if it is two contracts rather than the one.
Does the flower company have a policy of giving out financial purchase information to WHOEVER calls for it? Seems they are a bit TOO free with the financial information.
Even if they win this case, they will lose in the court of public opinion IF (said IF) the story gets legs.
pay with cash stupid
if you want to cheat don’t bitch about a divorce
No doubt the folks selling the cars and those dealing with PR are worlds apart.
Perhaps the same is true with 1-800-FLOWERS.
He’s never heard of “cash and carry”? Most florists will let you do this. No paper trail.
I’d be willing to bet it was a woman at 1-800-flowers that sent the note to his wife and I’ll bet she did it intentionally.
“You’re either sweetly sentimental or startlingly cheap. I’m not sure which . . .”
Consider the possibility of both? I took notes on his post, and I’m going to file the serial numbers off that idea, and claim it as my own!
Cheaters suck!
Plaster his stoopid mug in every newscast across the country!
I was once hit on by a beautiful-knock out married coworker on a business trip. I was sitting in her hotel room while she called her husband as she did every night to say good-night.
When she finished the call, she jumped on the bed in a playful way and rolled over and looked at me.
Oddly enough, all I could see was her husband and her kids. (and thinking about what a nuclear disaster it would be if I got her pregnant)
What if I ever had to meet her husband and kids at a cookout or presentation? Long story short, Kenny Rogers got the best of me and I left. She was very confused at the time but a few weeks later we both agreed that what happened was the best of all possible outcomes.
It's a shame though, it would have been massively wonderful, I mean one for the record books, oh well.
Ahh, the travails of being a responsible adult...
In many states adultery is illegal.
Therefore, wasn't the client asking them to participate in an illegal act?
They do if the behavior is serial and the kids have been exposed to "mommy's friends". And thank God for me that they did. It goes to stability of the prospective homes.
You did the right thing. I’m sure she found someone else with less scruples to fool around with.
My bf went through the same crap that I did, except that his now ex is a drug addict.
In the end, being a responsible adult is the right way to go. Good on you :)
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