No soup for you!

Via lithiumrobot.com

Via lithiumrobot.com

A North Texas attorney has threatened to sue Our Place Restaurant in Mansfield because it ran out of the soup listed on the menu as part of a Saturday special, and then provided no discount or substitutions.

“I don’t want to make a big deal of this,” Dwain Downing told the Star-Telegram on Friday. But he said he believes “it was a wrong and deceptive practice.”

Downing may not have wanted to make it a “big deal,” but then Our Place owner Benji Arslanovski posted Downing’s letter on the restaurant’s Facebook page for all the social media world to see.

Downing, whose website lists offices in Arlington and Mesquite, is asking for $2.25 plus $250 in attorney fees, his hourly rate, he said.

He notified Arslanovski via certified mail that if he was not compensated for the soup, or if he had not heard from Arslanovski within 10 days, he would sue the restaurateur.

Downing’s letter says that on April 16 he ordered the Saturday special, which was an entree, two sides and soup. Told by a staffer that the restaurant was out of soup, Downing asked for a price reduction or a substitution for the soup. The staffer and then the on-site manager told Downing that it was against the owner’s policy to offer any change or to discount prices.

“The menu is an offer for a contract by you,” Downing’s letter says. “I accepted the offer. This action … created a binding contract which is legally enforceable in a court of law. You then breached the contract by not providing the soup as promised by you on the menu.”

Downing also accused the restaurateur of deceptive trade practices, adding that if Downing is successful in his suit, Arslanovski will be liable for triple damages and attorney’s fees.

“In addition,” Downing’s letter said, “I demand that you change your policy and if you don’t have an item, either offer a substitute side or a reduction in price.”

Arslanovski — whose last name is misspelled in Downing’s letter — said his attorney will send a response letter to Downing on Saturday, but he doesn’t plan on paying up. “I’ll take it to court,” he said.

“Isn’t it amazing?” Arslanovski said. “This could have been solved with a simple phone call, and he could have come by and gotten a free cup of soup.”

Who’s side are you on in this?

 

Star-Telegram


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As much at home writing editorials as being the subject of them, Cam has won awards, including the Canon Media Award for his work on the Len Brown/Bevan Chuang story. When he’s not creating the news, he tends to be in it, with protagonists using the courts, media and social media to deliver financial as well as death threats.

They say that news is something that someone, somewhere, wants kept quiet. Cam Slater doesn’t do quiet and, as a result, he is a polarising, controversial but highly effective journalist who takes no prisoners.

He is fearless in his pursuit of a story.

Love him or loathe him, you can’t ignore him.

To read Cam’s previous articles click on his name in blue.

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