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#1
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PLEASE HELP Contractor NOW wants money!!! (little long)
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"????? |
#2
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"DaddyMonkey" wrote SIP 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"????? What? Do you think those are FREE??? "Oh, sure pal! You can just use this for as long as you want for FREE! I'll just be losing the $89 a month I would nornally get from A PAYING CUSTOMER!!!!" $550 is cheap! (Since March??!!!!) Pay him or end up in court...... |
#3
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If he is not gouging you then pay it. Call someone else to find out what it
should have cost. You had prior business with him and apparently he thought there was some trust between you. Find a fair price and pay it. "DaddyMonkey" wrote in message ... 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"????? |
#4
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"DaddyMonkey" wrote in message ... 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 should swallow hard, suck it up and pay the man. The price sounds reasonable from where I sit. Next time you will know to ask the cost before you contract for services. I am sorry. I know this is not the answer you wanted. Colbyt |
#5
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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. 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. |
#6
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Read the entire post before responding!
I clearly stated that HE SAID that he was "THINKING" of renting-out these trailers before he delivered it to me. ...end up in court? ...with no contract? |
#7
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Thanks!
I don't feel gouged by his asking $89.00 a month, just a little betrayed... IF ONLY he would have asked for the price up-front. It's true I had prior business with him in the past, but trust is a two-way street... Would a fair price be 50/50 withOUT prior agreement? |
#8
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Here in the country a handshake is good
...or at least a verbal agreement. This contractor and I spoke NO words of trailer usage/money before-hand |
#9
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DaddyMonkey wrote:
Here in the country a handshake is good ..or at least a verbal agreement. This contractor and I spoke NO words of trailer usage/money before- hand 1. You have his trailer. 2. You have had it for a long time 3. He could not use it while you had it. Pay him for cryin' out loud! -- dadiOH _____________________________ dadiOH's dandies v3.0... ....a help file of info about MP3s, recording from LP/cassette and tips & tricks on this and that. Get it at http://mysite.verizon.net/xico ____________________________ |
#10
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Inserted
"DaddyMonkey" wrote This 'man' builds, moves, and sells sheds. 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). Ahem. Time frame of 2 months? Oh, nevermind I see you're using your neighbor as an excuse. 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.... What about the 2 months prior to the excuse of weather and all? You acknowledged the long delay. Trust me, we had worse weather than what you explained, and the construction world didn't come to a halt. You took on a responsibility, quit blaming everything. You should really immature by using every excuse you can. Neighbor works weekdays, rain, had a tooth ache, dog ate my homework. or should I "Be a man... suck-up, and foot SOME of the cost"????? Be a real man, live up to your responsibilities and pay the man _ALL_ the costs. What's up with being half a man? and the other half is nothing but excuses. You're pathetic! |
#11
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"Nate" wrote You should really immature by using every excuse you can. Should be: You _sound_ really immature by using every excuse you can. |
#12
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1) Yes, I have had his trailer for a long time.
2)Yes, for a long time. 3) Yes for a long time, and he couldn't use it. 4) No words were spoken over duration or monetary. 5) Your point being........?????????? P.S. one neighbor had cancer, next cardic, 3rd has deformed arm.. and the 4th who could help me ,worked weekdays and could only help weekends... which were raining cats/dogs.(now, he's trying to get daughter into college) P.S.S. If I had KNOWN of the charges, I would've hired help for about HALF of what I am trying to be charged NOW! |
#13
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you can do this...
you can do that... ...and what do you do when it's pouring rain outside and you have to cut the grass? Be a man? yeahrightsure Don't gimme that macho BS! Maybe within YOUR business you can afford on spending OTHER peoples hard-earned dollars, and I bet if you were to be a man (ie literate) and read the full posts AND IT BEING YOUR COMPANY, or YOUR hard earned dollar, maybe you'd think twice before posting some ignorant message such as " I am mighty and I can-do-it-all" |
#14
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we al do it form time to yime!
LOL |
#15
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"JerryMouse" wrote in message news 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. 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. There is no contract here. Contracts, written or oral, must contain certain elements such as a consideration, a definite time period, mutual agreement on the terms, competent parties, etc., most of which are missing here. Both of the parties were negligent in reaching an understanding. Seems it's time for them to agree that there was no mutual understanding and work out a reasonable settlement. SJF |
#16
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We don't know whether there was a contract. We have only heard one side of
the story. "SJF" wrote in message news:g%TYc.65106$4o.40997@fed1read01... "JerryMouse" wrote in message news 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. 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. There is no contract here. Contracts, written or oral, must contain certain elements such as a consideration, a definite time period, mutual agreement on the terms, competent parties, etc., most of which are missing here. Both of the parties were negligent in reaching an understanding. Seems it's time for them to agree that there was no mutual understanding and work out a reasonable settlement. SJF |
#17
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True.
This contractor and I need to come to an agreement... but in all honesty, I'm a little spooked to start signing papers now, this late in the game. It IS HIS trailer and my sheds have not been relocated. I really don't want to get 'snotty' with him because he still has to move my sheds after the the yard is levelled. Most all of my sheds continents are within his trailer... he could 'jerk' this trailer out from under me at any minute. |
#18
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Believe me, there has not, nor has there ever been ANY type of contract,
written, verbal, or implied. ...I wouldn't be going through this string of replies if it were not so. I'm an old country boy... we didn't sign-on-the-line; shake on it; talk about it; spit on it; or nothing! His business is close to my home. He knows, as well as I, how the weather has been. (24+ inches rain this summer). |
#19
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If the price is fair pay him , but let him know you didnt have to as no
price was discussed. Fair is fair. If it is excessive that is different, better friends than enemies. |
#20
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I am an ASE certified Master Automotive Technician (toot-toot)
(really, I am) (Hypothetical situation follows) You bring your car to me on Friday and tell me about a fluid leak. I do the diagnostics for free... and tell you about the coolant leak. "I'm sorry, but its your water-pump" "How much is THAT gonna cost me"?, you ask About $200, parts and labor... You drop-off your car on Monday morning and the job is completed before lunch-time. NO repair orders have been signed. Meantime, your 2.3 kids get sick, wife has been sprayed by a skunk, 3 hurricanes have struck... whatever YOU call back a month from Friday and say, "It's going to be the following week before I can pick up my car..." ...but,I can't help you, because the manager is on vacation, HE makes all of the decisions. He will be back TWO weeks from now. Monday, two weeks later, there's a message on your voice-mail... "HEY! This is Mr. soNso... your bill is getting excessive... there's a $50 per hour storage fee to keep holding your car here. What do you want us to do? What WOULD you do? |
#21
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Well spoken!
Better friends than enemy I think I'm gonna offer him HALF (50/50) and see what happens |
#22
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"DaddyMonkey" wrote in message ... I am an ASE certified Master Automotive Technician (toot-toot) (really, I am) (Hypothetical situation follows) You bring your car to me on Friday and tell me about a fluid leak. I do the diagnostics for free... and tell you about the coolant leak. "I'm sorry, but its your water-pump" "How much is THAT gonna cost me"?, you ask About $200, parts and labor... You drop-off your car on Monday morning and the job is completed before lunch-time. NO repair orders have been signed. Meantime, your 2.3 kids get sick, wife has been sprayed by a skunk, 3 hurricanes have struck... whatever YOU call back a month from Friday and say, "It's going to be the following week before I can pick up my car..." ...but,I can't help you, because the manager is on vacation, HE makes all of the decisions. He will be back TWO weeks from now. Monday, two weeks later, there's a message on your voice-mail... "HEY! This is Mr. soNso... your bill is getting excessive... there's a $50 per hour storage fee to keep holding your car here. What do you want us to do? What WOULD you do? I'd find out what the going rate was for vehicle storage and pay the shop that. I can't expect the shop to store my car for free. BUT your scenario above does not match your own, the extra 2 weeks from the manager is not in your situation. I would owe for the month at the normal rate, hardly $50/hour for storage. - Robert |
#23
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#24
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True, he has nothing to do with the weather.
I'd glady pay him if words were spoken, but they weren't. As I stated earlier, If I had know BEFORE-hand of the cost, I could have easily hired a landscaper to move/level the dirt. THAT would have been 200-300 dollars, NOW I'm looking at a 500-600 dollar bill! |
#25
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"DaddyMonkey" wrote 5) Your point being........?????????? P.S. one neighbor had cancer, next cardic, 3rd has deformed arm.. and the 4th who could help me ,worked weekdays and could only help weekends... which were raining cats/dogs.(now, he's trying to get daughter into college) Yawn.....More excuses....Typical of a deadbeat |
#26
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DaddyMonkey wrote:
True, he has nothing to do with the weather. I'd glady pay him if words were spoken, but they weren't. You really don't get it...you expect someone you had one commercial contact with 15 years previously to provide you with something for nothing. You say you went to him for help...what kind of help did you ask for? Did you ask him what he would charge for the help? If not, why in the world did you expect freebie help? The man is in business. Businesses charge. The fact that "no words were spoken" is your fault, not his. Quit whining and pay up. _______________ As I stated earlier, If I had know BEFORE-hand of the cost, I could have easily hired a landscaper to move/level the dirt. And naturally you called the trailer guy, told him that your project was taking longer than you anticipated and asked him if that caused him a problem. Naaa, you didn't do that, you'd rather wait until your tractor owning neighbor has time to move/level it for free. ______________________ THAT would have been 200-300 dollars, NOW I'm looking at a 500-600 dollar bill! And the longer you screw around the higher it will be. -- dadiOH _____________________________ dadiOH's dandies v3.0... ....a help file of info about MP3s, recording from LP/cassette and tips & tricks on this and that. Get it at http://mysite.verizon.net/xico ____________________________ |
#27
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"DaddyMonkey" wrote I am an ASE certified Master Automotive Technician (toot-toot) (really, I am) (Hypothetical situation follows) You bring your car to me on Friday and tell me about a fluid leak. I do the diagnostics for free... and tell you about the coolant leak. "I'm sorry, but its your water-pump" "How much is THAT gonna cost me"?, you ask About $200, parts and labor... You drop-off your car on Monday morning and the job is completed before lunch-time. NO repair orders have been signed. Meantime, your 2.3 kids get sick, wife has been sprayed by a skunk, 3 hurricanes have struck... whatever YOU call back a month from Friday and say, "It's going to be the following week before I can pick up my car..." ...but,I can't help you, because the manager is on vacation, HE makes all of the decisions. He will be back TWO weeks from now. Monday, two weeks later, there's a message on your voice-mail... "HEY! This is Mr. soNso... your bill is getting excessive... there's a $50 per hour storage fee to keep holding your car here. What do you want us to do? What WOULD you do? Very poor analogy... You seem to forget there has been a 5 months lapse in time period. |
#28
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"DaddyMonkey" wrote 1) Yes, I have had his trailer for a long time. 2)Yes, for a long time. 3) Yes for a long time, and he couldn't use it. 4) No words were spoken over duration or monetary. 5) Your point being........?????????? P.S. one neighbor had cancer, next cardic, 3rd has deformed arm.. and the 4th who could help me ,worked weekdays and could only help weekends... which were raining cats/dogs.(now, he's trying to get daughter into college) What does you neighbors have to do with your responsibilities? That's my point! Are you helpless unless someone helps you? Moving dirt is not rocket science, even though you may think it is. |
#29
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No.
I'm not putting the blame on someone else. No. moving dirt is not rocket science Again I state my case, If HE had just told me BEFORE-hand of the charge being implied, I could have had this dirt moved by a landscaper for 200-300 bucks... now the bill is 550 plus. |
#30
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Commercial contract with???
15 years ago?... just to get some firewood? Ya gotta be kidding me! Yea, maybe I "dragged my ass" because I could only afford weekend help from my neighbor... BUT, he sure dragged HIS ass in explaining the charges!!!!! |
#31
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"DaddyMonkey" wrote in message ... No. I'm not putting the blame on someone else. No. moving dirt is not rocket science Again I state my case, If HE had just told me BEFORE-hand of the charge being implied, I could have had this dirt moved by a landscaper for 200-300 bucks... now the bill is 550 plus. Then offer to meet him half way, he gets money for loaning the trailer you got the use of the trailer. See what he says to that. |
#32
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DaddyMonkey wrote:
Commercial contract with??? 15 years ago?... just to get some firewood? Ya gotta be kidding me! That was "contact", not "contract". There is a difference. -- dadiOH _____________________________ dadiOH's dandies v3.0... ....a help file of info about MP3s, recording from LP/cassette and tips & tricks on this and that. Get it at http://mysite.verizon.net/xico ____________________________ |
#33
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You're a good man, Rich.
I agree on meeting him half-way. no problem... but half-way of 550 is 225. I could have paid LESS than that back in April, and been 'done' with him. I feel betrayed |
#34
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Making your point with-in other peoples type-o's is a very poor excuse
for debate. |
#35
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No contract then its up to a judge to determine the intention of the
relationship. If your State is for/against verbal agreeements you could meet him halfway instead of going to court. ASSuming on both your parts is the problem. Since there was poor communication by both parties each should accept some montetary compensation (discount) and some in the form of business education or experience. There comes a time in the affairs of man when he must take the bull by the tail and face the situation. -- WCF http://www.utahhousevalues.com |
#36
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DaddyMonkey wrote:
Making your point with-in other peoples type-o's is a very poor excuse for debate. You are either an accomplished troll or a freakin' idiot. -- dadiOH _____________________________ dadiOH's dandies v3.0... ....a help file of info about MP3s, recording from LP/cassette and tips & tricks on this and that. Get it at http://mysite.verizon.net/xico ____________________________ |
#37
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Well spoken!
I liked the "business education" comment. There are two fools in every market; one asks too little, one asks too much. Russian proverb |
#38
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First you retort to typo errors,
now, insults. Look who's being a "troll" in this situation |
#39
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"dadiOH" wrote in message ...
DaddyMonkey wrote: Making your point with-in other peoples type-o's is a very poor excuse for debate. You are either an accomplished troll or a freakin' idiot. -- dadiOH _____________________________ dadiOH's dandies v3.0... ...a help file of info about MP3s, recording from LP/cassette and tips & tricks on this and that. Get it at http://mysite.verizon.net/xico ____________________________ I vote for the second. I can't believe this guy is still carrying on about this incident. He is clearly in the wrong but keeps fishing for someone to tell him different. Then he can't even keep it in the same thread. Harry K |
#40
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True... I am an idiot. LOL
If I had only known before-hand of the charges, it would have put a fire under my A$$, and got me moving quicker. The weather hasn't been his fault, nor mine. A bill of almost $600 (for out of nowhere) seems like a slap-in-the-face. But, like I said before, I'm an old country boy... and fair is fair in my book. Life can throw ya some curve-balls. Things seem to come from out of nowhere. (remember Sept.11) 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 |
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