Tad:
I think we've established that the gun was new - it had just been test-fired a few times at the factory in normal preparation for shipment. (I doubt if it was a "test gun", and I wouldn't want one of those, but I think you'd be able to tell....)
I think we've also established that the second magazine was missing. It's a little late in the game now, but Karhr apparently does ship two mags with each gun. That could be actionable, but I think other than Small Claims, would be too little money to justify paying a lawyer to pursue. (IMHO/IANAL)
The G17 with the oopsie magazine - I sure wouldn't like anybody to handle a gun I'd just bought.... Although I doubt if you could hurt a Glock, there are things that could happen in the wrong hands. Not the end of the world, but can you imagine buying a car with three or four miles on it, and coming back to pick it up (they usually want to "prep" it for a day or two) and finding 30-40 miles? ("Dealer Prep" is a great way to rip you for a couple hundred bucks for washing the car, but that's another thread.)
A buddy of mine bought a new Mercedes from a local dealer about fifteen years ago. He had to wait a couple months, and was off on a cruise when it came in. (This guy had so much money that he had difficulty understanding that others didn't. He got mad at me once because I couldn't come up with $50K to buy a hotel with him....) The dealer called his son and asked if they could put it on the showroom floor - really unusual model, I guess - until his dad got back. Kid figured that it was OK, but asked for compensation. Dad came home, picked up the car, and then noticed the $1000 "discount" on the paperwork. He got MAD! I don't think the car moved more than a mile or so, but....
He wrecked the car about a year later, re-built it, and sold it. Nasty accident - he hit a pickup truck and sent it flying across the road, but the only injury in the Mercedes was his passenger - broke his nose. The guy in the pickup spent a couple weeks in the hospital, and a big hefty bag for the rest of the truck.... Mixed emotions - the accident happened across the street from my then-office, and I went over to help. I'd recognized the Mercedes.... The pickup truck guy was one of our customers....
And a story.... My wife and I bought a chair from a local furniture store about 25 years ago. We took advantage of an in-house credit deal that let us pay it off over about six months at a favorable rate. The wife happened to be passing by, noticed that she had an extra $50 in the checking account that hadn't managed to go for whatever crazy stuff she usually bought, and stopped in and gave them the $50 "on account"....
She got a receipt, and, of course, used our check.
Couple weeks later we get a statement that DOESN'T show that extra payment. Then the bank statement shows up, showing that they'd cashed the check.
The store refused to apply the credit. "What $50?" Showing them the cancelled check and the receipt didn't do anything. I'm sure they figured we'd not bother going after them - it'd cost more in lawyer fees.... (I think the amount was too low to get a warrant and have the Sheriff come out and padlock the place
.) What they didn't know is that my lawyer was an "old family retainer", so to speak. He'd made a pile working for my former day job, and as our "family lawyer", so writing up a letter was mostly his secretary's time. No Charge.... The store got a letter not too far from Tad's, although we barely touched on the misdemeanor nature of the crime. Next statement, the $50 credit was there.
Fast forward to about 2000. Local car dealer sold me a "program car" - fancy way of saying it had been a rental in Orlando - and the rear window defogger turned out to have been scraped off the rear window. After much screaming (by me), we agreed to split the wholesale cost of the repair (about $300 from my checkbook) and stay friends. Then he sort of held me off - never called, even though prodded, to have me bring the car in.
I wrote a nasty letter (not nearly as "bad" as Tad's) - I do good letter
- and sent it to the lawyer asking him whether it was OK to send it, or what did he think? Couple days later I get CC'd - he'd had his secretary re-type my letter on his letterhead, pretty much verbatim, but he'd decided I had a "Cadillac Town Car".... Next day they called me to come in, and when I asked about the cost as I picked the car up, they said "forget it." (I'm still driving the car - it's a Lincoln Town Car with suntan oil stains on the seatbelts.) I'm sure they figured that my lawyer was so befuddled that it'd cost them a lot more than $300 just to put somebody up in front of a Judge.... (Poor guy passed away a couple years ago. Fell, and was never quite right. )
Regards,
