Is it illegal for a store to sell, schedule delivery and then don&#39;t have material?
<p>I purchased material from a store and set up delivery. They delivered part of it and said the balance was coming the next day. Then they rescheduled delivery date for the third time the next week. The rest of the material never came. Two weeks later they notified me they don't have the material and don't know when they will have it. Isn't this fraud?</p>

<p>Depends on where you are, and likely also on what they knew when. It is entirely normal to order some goods (like perishable food, or custom-fitted furniture) before it is produced. The contract may or may not include advance payment. Most jurisdictions require some sort of <em>intent</em> for fraud, so the non-fulfillment would not be fraud if circumstances beyond the control of the supplier prevent delivery.</p>
<p>The question of civil damages and repayment is distinct from criminal fraud charges.</p>

contract-law fraud