On Sun, 28 Oct 2007 15:30:17 -0500, wrote:

I ordered a truckload of stone (gravel) for my rural driveway...

The solution exists in black and white. All you have to do is go blind
reading through the pertinent law--and hope you've interpreted
everything as the court would.

If the stone that was delivered, has done no harm, and is not likely to
cause any harm (as by washing out), the worst that has happened is that
you received 20 tons of stone that might actually benefit your project
to some slight degree.

Visit the firm; it is possible that no one with any significant
authority even knows about this problem. Or they might be aware that you
appear to be withholding payment, for no known reason. Even you don't
know where the root of the problem is. Discuss the problem with
management, and try to negotiate a mutually beneficial resolution. Make
a fair offer. I suspect most of the expense to the company is in the
hauling. If they can recover that expense and retain a customer, they
are apt to try.

If this goes to court, be advised your phone calls will be worthless.
For litigation purposes, send registered mail, with a signed receipt.

Note: I do not consider your acceptance of the balance of the load as
your approval of the product. You should not have to negotiate with a
driver. You can help avoid this sort of thing, in the future, by
practicing to be more assertive.

I hope you'll post the outcome.


________________________
Whatever it takes.