Don't delete the phone message. Check with your small claims court. File the claim to cover the work (labor and materials) that you had into them. Use the recording as evidence.... the person KNEW that they were being recorded...so it is admissibnle evidence. Clearly there is an admission there that there WAS an order........ verbakl agreement. Not as strong as a written one.... but you might get lucky.
At the least, annoy the crap out of them.
You might want to consult a lawyer. Oral contracts are great for litigators
. Much better than written contracts, because there's so much more to argue about. Of course, this isn't so great for you
when you see the bill
This is not legal advice for your problem, but potters in the United States should seriously consider reading, and at least attempting to understand, Article 2 of the Uniform Commercial Code. It's enacted by most U.S. states to be a uniform law of sales (each state has a version in its statute books). Article 2 of the U.C.C. has a provision that says: "a contract
for the sale
for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale
has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker." - http://www.law.corne...cc/2/2-201.html
Because of this provision, I daresay that anyone taking orders from more than $500 of pottery should consider a signed written sales contract or signed work order to be a prerequisite
to the sale. Otherwise there is a real danger that your oral contract isn't worth the paper its written on.