Smith is a new lawyer who has three clients, all of whom are indigent. To improve the appearance of his office, he decided to purchase some new furniture and to pay for it out of future earnings. Wearing an expensive suit borrowed from a friend, Smith went to a furniture store and asked to purchase on credit a desk and various other items of furniture. Smith told the store owner that he was a very able lawyer with a growing practice and that he expected to do very well in the future. The store owner agreed to sell him the items on credit, and Smith promised to make monthly payments of $800. Smith has never had an income from his practice of more than $150 a month. Smith's business did not improve, and he did not make any payments to the furniture store. After three months, the store owner repossessed the items. If Smith is charged with obtaining property by false pretenses, his best argument for being found NOT guilty would be that
even if he misled the store owner, he intended to pay for the items.  he did not misrepresent any material fact. the store owner got his property back and so suffered no harm. the store owner could have asked for payment in full at the time of the purchase.
Question: Smith is a new lawyer who has three clients, all of whom are indigent. To improve the appearance of his office, he decided to purchase some new furniture and to pay for it out of future earnings. Wearing an expensive suit borrowed from a friend, Smith went to a furniture store and asked to purchase on credit a desk and various other items of furniture. Smith told the store owner that he was a very able lawyer with a growing practice and that he expected to do very well in the future. The store owner agreed to sell him the items on credit, and Smith promised to make monthly payments of $800. Smith has never had an income from his practice of more than $150 a month. Smith's business did not improve, and he did not make any payments to the furniture store. After three months, the store owner repossessed the items. If Smith is charged with obtaining property by false pretenses, his best argument for being found NOT guilty would be that
A. even if he misled the store owner, he intended to pay for the items. 
B. he did not misrepresent any material fact.
C. the store owner got his property back and so suffered no harm.
D. the store owner could have asked for payment in full at the time of the purchase.
Answer: