E-mail saying I can keep bass guitar - now he wants it back

[aliciap]

I had falling out with a friend, and had his bass here, since my boyfriend did some work on it, since it was pretty crappy. After some nasty messages, he said in a myspace message:

"youll leave my bass on the foyer downstairs? I guess your insinutating were done being friends then. so you know what? keep the fucking thing as a reminder of how fucked up you are"

Then a few days later he says he wanted it back after I already gave it away.
He threatened to climb my balcony or show up at my door (which is in a locked apartment building) to get it, and after I told him I gave it away, he said he'll take me to court.

Can he do this? Or am I in the right here?

 

[dee_dub]

He can take you to court. Whether he will win is unclear. Perhaps you should ask the person now in possession of the bass to give it back to you so you could return it to the original owner, to avoid any further unpleasantness.

 

[aliciap]

well would his email hold up in court? the bass was here for 2 months, everytime he was over we told him to take it and he wouldnt. then I originally said i would leave it downstairs for him, which is when I got the response to "just fucking keep it" Doesnt it then become mine, since I have no obligation to give him free storage for the thing, and offered to give it back

 

[CdwJava]

I'd say it is likely you would prevail in small claims court - especially if you can show with some certainty that the e-mail came from him. If he denies sending it, you might be screwed.

The best way to deal with property like that is to get the agreement in writing or send the request to claim it in writing return receipt requested. Whether you have this duty and how it must be carried out will depend on the state you live in.

However, I would think his case will be weak if you have the e-mails ... but, as suggested, if it is possible to retrieve and return it, that might be the best thing to do.

- Carl