This 'man' builds, moves, and sells sheds.

I first dealt with him in the late 80's, as he was bulldozes-ing land
for a pond, and instead of burning the hardwood, he sold me some...

Anyway... I had some sheds that needed to be moved because of
landscaping needs and slight irrigation problems, so,
I went to him for help. This was in March

He delivered a small truck trailer... I'm not sure of it's size (about
10'X 25', 8' tall)... and, I moved my belonging from the sheds into the
his trailer.

I had two single-axle dump-trucks of dirt delivered, and then had a
neighbor with a tractor spread the dirt out. ( This wasn't until
End-April) This wasn't enough dirt, so I ordered another truck- load.
It came about Mid-May... I covered the dirt with a tarp, and it has
rained about every weekend since.
(My neighbor works weekdays).

Almost 6 inches of rain fell within June
again in July and by Mid-August... with over 9 inches of rain, I had
become frustrated and called the shed-moving company and asked if there
was a way for them to help me... even if it would cost me a few hundred
dollars to help me have the dirt moved and levelled. ?

They couldn't answer... because the owner of the company was on vacation
until the 26th of August.


I'd planned on calling him today, the 30th of August, but, before I had
called him, he had left a phone call on my voice mail. He says... in a
nutshell that he doesn't want my bill to get too high ....and wonders
"where we stand".

When I call him back, I apologized about he long delay and lack of
communication, and explained my situation, with the weather and all....

He stated that there was an $89.00 a month "usage fee" for the use of
the trailer and that my bill was getting excessive.

--I couldn't believe it...
We never discussed a fee for the trailer before-hand...

I simply said that we never discussed a price for the storage trailer
and that I wished we had discussed it before-hand...

He said, "What, did you expect it for free?"..... and I said " I didn't
know one way or the other"....

I stated that " I wish we had sighed a contract" .... he says, "we
don't sign contracts here"

He said... as he was dropping off the trailer... he was THINKING of
renting- out those trailers , because of the I-Pod and other trailer
rental agencies...

We NEVER-EVER spoke about a rental charge for the trailer, and NOW he
wants about $100 for the first trailer move (which is ok with me)...
BUT, he wants about $550 for the trailer rental!

Am I right to tell him to "kiss-my-foot"... or should I "Be a man...
suck-up, and foot SOME of the cost"?????


You probably should expect to pay something but a court might well not force
you too. From what you say you had No contract at all oral or otherwise. If
your state is a one party state with regard to recording telephone calls i.e.
only one party to the conversation has to know a recording is being made then
get the fact that there was no compensation specifically agreed to on tape and
you should be home free.

xeroid wrote:
If it where me .... and this is only an opinion .... and you point
out that he never discussed a fee for the trailer .... and the fact
that he waited this long to mention anything ... I would try and be
fair and maybe split the requested fee of $550.00 if and only if you
believe he is a honest person. If he is not a reasonable person, or
argues this .... I would give him nothing at all and tell him to get
the trailer off your lot before you charge him for storing it there.
There is really nothing he can do ... there is no signed contract.

Where'd you get the screwball notion that contracts have to be signed? Only
in a few specific cases (such as the sale of real property) does the law
require written contracts.

In most cases that's true but here from what he says there was no contract at
all oral or otherwise. Without any mention of compensation for the use of the
trailer it's a loan.

A contract exists here - and will be enforced - for several reasons: Unjust
enrichment, usual practice within the industry, delay the cause of the
trailer 'renter,' and so on.

How do you figure a contract exists? According to the OP there was no fee set
for use of the trailer.

"DaddyMonkey" wrote
My wife of 27+ years is still the prettiest girl I've met! The
2-point-3 kids have new shoes/clothes and are back in school, and we are
all healthy and happy...

When I look at the "big picture" , and how much God has truly blessed
me, and the "curve-balls" that can come within life... I guess I
have been lucky--- so far.

A 600 dollar "curve-ball" seems small when I look at the big picture.



My best wishes to all that replied,
David

By reconizing your good fortune, you're truly richer than many millionaires.

True!
God has given me many more blessings then I can count!

I consider myself a "good ol' country boy"... Life has been very good to
me, so far!

I think I'm gonna suck-up and pay this man, life is too short to argue
over 600 bucks.

My father once told me, " If you feel like life is pacing-by too
quickly, just wait until you reach your 40's". I am 44, dad is gone

My best wishes,
Dave