Lawyer Threatens Lawsuit When He Doesn't Get Soup

Dwain Downing claims it was a 'deceptive practice'
By Newser Editors and Wire Services
Posted Apr 24, 2016 4:08 PM CDT
Lawyer Threatens Lawsuit When He Doesn't Get Soup

A Texas lawyer upset that he wasn't provided a cup of soup during a recent meal has notified a restaurant owner that he'll sue if not reimbursed the $2.25 for the soup, the AP reports. Dwain Downing also is seeking $250 in attorney fees for the time spent drafting a letter sent to Benji Arslanovski, who operates Our Place Restaurant in the Fort Worth suburb of Mansfield. Downing says the soup was listed on the menu as part of a Saturday special. He says the restaurant offered no discount or substitution when it ran out. The lawyer argued the menu amounts to a contract with the customer and Arslanovski violated the terms of the contract. But the restaurateur says the menu makes clear the soup comes with a meal "while supplies last."

"I don’t want to make a big deal of this," Downing tells the Fort Worth Star-Telegram. But he says "it was a wrong and deceptive practice." Arslanovski then posted the lawyer's letter online, and it's been reposted by the Dallas Morning News. Per the letter, Downing went to the restaurant on April 16 and ordered the special, which included soup. Told they were out of soup, Downing requested a substitution or price reduction, but staff said that went against restaurant policy. "The menu is an offer for a contract by you," writes Downing. "You then breached the contract by not offering the soup as promised by you on the menu." Arslanovski sees it differently: "Isn’t it amazing?" he says. "This could have been solved with a simple phone call, and he could have come by and gotten a free cup of soup." (More lawyer stories.)

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