A North Texas lawyer is filing a lawsuit against a restaurant because it ran out of soup for lunch.
Dwain Downing, a lawyer in Mesquite, Texas, ordered the Saturday special at Our Place Restaurant, but was upset that he was not given a cup of soup with the meal. The special consists of an entree, two sides, and some soup "while supplies last," according to owner Benji Arslanovski.
"I mean the soup is great," Arslanovski told WFAA. "People love it."
However, he said the soup is free with the purchase of a meal. Downing wanted to substitute the soup for another menu item or receive a discount, which is against restaurant policy.
"If we're out of green beans, and somebody wants corn instead or carrots, we'd be glad to substitute that," Arslanovski explained to KXAS. "But soup comes free. We make a huge pot of soup and when it's gone, it's gone."
"They need to quit having it on the menu or have enough for the whole day," Downing argued. "To me, it's a deceptive trade practice."
Downing sent the restaurant a letter, addressed to “Benji Arslanskobi,” demanding $2.25 and $250 in legal fees, according to The Scoop Blog.
"I really don't know what to think," said Arslanovksi. "I mean, it's a cup of soup."
Although Downing said he did not want to make a big deal of the situation, he believed the restaurant's lunch special was a "wrong and deceptive practice."
"The menu is an offer for a contract by you," Downing wrote in the letter. "I accepted the offer. This action by you and I 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."
"I contacted my own attorney," Arslanovski said. "I think he thought I was joking."
In the letter, Downing demanded the restaurant change their lunch policy or have enough soup available for the entire day.
"It’s much ado about nothing," Downing said. "But at 2 o’clock, you shouldn’t be running out of that special soup."
"Isn’t it amazing?" Arslanovski told the Star-Telegram. "This could have been solved with a simple phone call, and he could have come by and gotten a free cup of soup."