Consumer Law, Warranties Offered Prize not Provided

[Montag]

My service organization (501-c-3) had a drawing back in February for a donated cord of wood (cut, split, and delivered). In exchange for the donation, a letter of value for the IRS would be provided to the donor.

I got a call tonight from the winner - the donor keeps making excuses and still has not delivered the wood. The winner says he now wants nothing to do with the donor and will only accept cash value. I haven't spoken to anyone else yet.

After my immediate panic subsided, I have thought about worst case scenarios and have run through various possibilities. If this guy wouldn't honor his donation of wood, I think money from him is certainly going to be out of the question, so further action may be necessary (small claims court?).

Who exactly is responsible for what? The drawing was listed only for a cord of wood. Does that mean in its absence there is no prize and ticket money is all that needs to be refunded? Is the club responsible for providing the wood (or cash equivalent)? Are there any easy legal answers?

Thanks.

 

[dee_dub]

You basically contracted with the ticket-buyers that, in the event they won, you would provide them with a cord of wood. This guy won, and you are obligated to provide him with a cord of wood. So no, unless you can throw yourself on his mercy and get the winner to agree, you don't just need to refund his ticket money. I don't see where "cash equivalent" comes in unless the terms of your contest state that he could elect to take that instead. However, you could certainly agree to settle with him for that amount. In the event you don't supply the cord, he could certainly sue you in small claims and I would not be surprised if he were awarded that amount.

You in turn have some sort of agreement with the wood guy. Whether it is enforceable at law depends on the laws of your unnamed state; generally charitable pledges can be sued on. It might depend on the intent of the parties, how formal the pledge was, and other factors - since there was an exchange here (the letter of value to the IRS) I think you have a fairly good chance.