Story Archive

No Soup For You

Dwain Downing says he went to Our Place Restaurant in Mansfield, Texas, and ordered the Saturday special: an entree, two sides, and soup. They were out of soup, and Downing was informed that it was against the owner’s policy to make any changes or offer discounts. So, Downing wrote a letter: “The menu is an offer for a contract by you,” the certified 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.” He asked for a refund of $2.25 — plus $250 in attorney’s fees. You guessed it: Downing is an attorney, and the $250 is his hourly rate. The letter also said if he wasnt compensated within 10 days, he would sue. “Isn’t it amazing?” restaurant owner Benji Arslanovski asked. He said his attorney will be replying — and he will not be paying. “This could have been solved with a simple phone call, and he could have come by and gotten a free cup of soup,” Arslanovski said. When asked to comment, Downing replied, “I don’t want to make a big deal of this.” (MS/Ft. Worth Star-Telegram) ...Too late.