Man threatens to sue restaurant when he doesn't get soup

Downing said in a letter to Our Place, a family-owned restaurant, that he ordered the Saturday special -- an entree and two sides for $7.95 -- expecting a free cup of soup with it.

>> Read more trending stories

When he made his order, he said a cashier told him they were out of soup. When Downing spoke to the manager about getting some money back from the cost of the meal or a discount, he was told that it is against the owner's policy to discount food or give change.

The restaurant owner,  Benji Arslanovski, posted photos of Downing's letter, captioning the post, "We don't charge for soup. It comes free with your meal and clearly states, 'while supplies last.'" The post said, "I knew we had good soup but never thought we would get sued for it."

Arslanovski told KTVT he "just kind of wanted to see what everyone else's reaction was," by making the post.

The Star-Telegram reported that the weekly specials menu on the website did not have a disclaimer that the free cup of soup is available while supplies last for specials, but as of Monday, the disclaimer was added, including a note that there are no substitutions.

Downing calls the practice "deceptive" in his letter, and said the menu offer is a "contract" from the restaurant that was not honored upon Downing accepting the contract in the form of the menu.

"You then breached the contract by not providing the soup as promised by you on the menu," he said. "I demand that you change your policy and if you don’t have an item, either offer a substitute side or a reduction in price."

Downing is asking for the $2.25 cost of the suit and his $250 hourly rate -- his fee as an attorney.

"I don't think it's right for someone to advertise one thing and not follow through with it," he told KTVT. "If I didn't do it, no one else would."

Arslanovski said his lawyer sent a response Saturday. He plans on taking the case to court.

KTVT reported that Downing has since changed his mind since he said he and his wife began receiving death threats after the letter was posted on social media.

"If you want to know if I'm going to follow up with a lawsuit -- probably not," Downing told KDFW. "Those people who are cyber bullies might follow through and try and hurt me or kill me."

Arslanovski said he doesn't condone violence. "If anyone is (threatening him), I wish they wouldn't," he said. "That's not fair to him or his family." He said he's turning the negative story into a positive one by hosting a soup drive until May 6. Customers who bring in canned soup will get 10 percent off their order. The cans will go to a local food bank.