Q: If the vendor and customer were in dispute over a price, and the goods were delivered or the service provided before settling, how much is owed?

A: If the vendor and customer were still disputing the price, it is considered as if the sale or service was done with no price-quote at all. In this case, we follow the minhag hamedina – the going rate. It the rate varies, generally the vendor has the weaker hand.

However, if the customer at first rejected the sale because the price was too high, or the vendor rejected it because the offer was too low, and later they got together and carried through the sale anyway without an explicit agreement, whoever took the initiative to carry through is considered as acquiescing to the other party. Thus, if the customer called the vendor and told him to deliver the goods, he must pay the higher price demanded. If the vendor called the customer to say that he is sending the goods, he is entitled only to the lower price offered. (C.M. 221:1 and Pischei Choshen Sechirus 8:5)