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A Texas lawyer seems bound and determined to keep negative lawyer jokes alive by pushing his weight around.
It seems after years of expensive and arduous law school, Dwain Downing has found out how to turn a $2.25 cup of soup into $250.00 worth of legal fees for himself.
Downing, visited “Our Place” restaurant in Mansfield, Texas, expecting to have a complimentary cup of soup with his meal, but was let down when the restaurant informed him they had run out.
Downing became upset when the restaurant wouldn’t substitute another side item for the missing soup. He sent a letter threatening to sue restaurant owner Benji Arslanovsk if he doesn’t pay $2.25 worth of damages and $250.00 worth of “legal fees.” Downing also demanded that the restaurant change its policies.
“If we’re out of green beans, and somebody wants corn instead or carrots, we’d be glad to substitute that,” Arslanovsk told NBCDFW. “But soup comes free. We make a huge pot of soup and when it’s gone, it’s gone.”
They have have a strict “while supplies last,” policy Arslanovsk said.
While that might be slightly annoying after you’ve had your heart set on a piping hot cup of veggie soup, does it really call for a lawsuit?
According to Downing, who cited the menu that states the meal comes with soup, it most certainly does.
“This action by you and I created a binding contract which is legally enforceable in a court of law,” Downing wrote in the demand letter. “You then breached the contract by not providing the soup as promised by you.”
Ignoring the fact that “while supplies last” is written on the so-called contract otherwise known as a menu, Downing went so far as to say the restaurant was acting in “deceptive” practices.
“They need to quit having it on the menu or have enough for the whole day,” Downing told NBC 5. “To me, it’s a deceptive trade practice.” Sure it is, when you can screw a small business owner out of $250.00 for nothing.
Arslanovsk described the moment he opened the threatening letter.
“When I opened it, I was just shocked,” Arslanovsk said. “You’ve got to be kidding me… I mean, it is a cup of soup.”
Downing’s letter was posted on the “Our Place’s” Facebook page and has garnered a lot of attention:
Most comments were in favor of “Our Place.”
“He’s clearly set out to rehabilitate the law profession’s image,” read one.
“This is what’s wrong with America!!!! Suing because they ran out of soup!” read another.
There were a few comments in support of the lawyer, including one person who said if the restaurant is going to offer soup, they’d better be prepared.
“Sorry, but you always managed to run out of soup; how convenient for you. Learn to keep your pot full, or put a large sign on your front door that says “OUT OF SOUP…”
It remains to be seen if the backlash will stop Downing from going through with his lawsuit.
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