Lawyer Threatens to Sue Restaurant Over Bowl of Soup

Owner says threatened lawsuit is ridiculous

A North Texas attorney is threatening to sue a Mansfield restaurant – over a bowl of soup.

The lawyer, Dwain Downing, of Mesquite, said he ordered a lunch recently at Our Place Restaurant but he didn't get any soup because it had run out.

He sent the owner a letter demanding $2.25 in damages and $250 for legal fees.

The owner, Benji Arslanovski, said the letter is ridiculous.

"When I opened it, I was just shocked," he said. "You've got to be kidding me."

Arslanovski said the soup comes complimentary with meals.

While the menu doesn't specifically use the word "complementary," it does say the soup is available "while supplies last."

Downing said the restaurant should have discounted his bill or offered him another food item.

In his letter, he claimed the menu is a contract.

"This action by you and I created a binding contract which is legally enforceable in a court of law," Downing said. "You then breached the contract by not providing the soup as promised by you."

Downing spoke to NBC 5 by telephone.

"They need to quit having it on the menu or have enough for the whole day," he said. "To me, it's a deceptive trade practice."

Downing threatened in his letter to file a lawsuit if the owner doesn't respond within 10 days.

Arslanovski said he turned the letter over to his own attorney and vowed to fight, even if it costs him far more than $250 in legal fees.

He said he believes the restaurant's policy is fair.

"If we're out of green beans, and somebody wants corn instead or carrots, we'd be glad to substitute that," he said. "But soup comes free. We make a huge pot of soup and when it's gone, it's gone."

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