Having some trees logged!

[mudfish2]

Well the wife and I decided to cut some pine trees.. we found a logger..signed the contract he paid us 18 grand for just the marketable trees..well he breached the contract..I contacted a legal rep. online for a fee she wrote me this back:

A Timber Contractor broke a written contract...
Sent to Legal Experts on February 24 2007 at 10:00pm


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A Timber Contractor broke a written contract...He was to harvest only marketable timber but clear cut most of my property..destoyed some personal property and cut fruit trees, ornamental trees..he hasn't finished logging the rest of my property..can I make him sign a new contract and does he have to pay for the trees he wasn't contracted to cut?

Hoyt Blackmon




Answer
Sent February 24 2007 at 10:04pm (3 minutes and 36 seconds later) ACCEPTED


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Dear Sir:

I recommend demanding he pay for the damage he caused in clear cutting your property, destroying personal property, etc. I would seriously consider whether you will allow him to do anything further on your land. He is in breach of your contract with him and I would pay him nothing at this time.

If he decides to sue you for breach of contract, you have a valid defense. You also have a valid case against him.

Susan Roberts



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Judge Susan Roberts

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4ren6 agrees with this expert


Susan Roberts (Offline) -- Judge, retired -- 100% Positive Feedback on 167 Legal Accepts
Licensed to practice law for 27 years. Retired state trial judge. Civil and Criminal experience.





Your Reply
Sent February 24 2007 at 10:33pm (29 minutes and 12 seconds later)

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I don't understand "I would pay him nothing at this time" He paid me by check before he started logging.. I have cashed the check.. I want to know if he owes me any more money for the trees he cut without permission and not in the contract and if I should make him write another contract to pay me more for what he cut and to finish the job he started
Hoyt Blackmon (Online) -- (2 Accepts/1 Questions)





Answer
Sent February 24 2007 at 11:56pm (1 hour and 23 minutes later) ACCEPTED


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Yes he owes you for the trees he cut without permission. He also owes you for the damage to your property the cutting of those trees caused...........erosion, violation of any state laws re percentage of trees to remain standing. It is not just the cost of the tree he owes you for, but damages for consequential damages........ie. damage to your future livelihood because of what he did.

I would attempt to have him pay you for what he has taken and then think long and hard about whether you want him or someone else to finish the work.

I hope that is clear, if not, let me know.

Susan Roberts


What do you all think about this? What would you do if you were in my shoes?

[deerslayer11]

Id Make em pay out the arse.

[Shorthair]

Get a lawyer Bro and sue for the damages plus lawyer fees.

[mudfish2]

Well he is buying me 2 new tree stands 18 footers this week at the deer classic...replacing my sons godfatherS climber...a bunch of fruit trees planted awhile back in certain area for the disabled hunters (still got receipts) least expensive was$279.oo up to $300.00 about 40 or so,,,had pair, plum, apple, peach, and "muskiedine" vines planted every 8 foot down a 1/2 mile long powerline.....the last day they are to be here I will be at my gate with my new45-70..they better have my stuff or the money to replace them or I keep the skidders,,,loaders various other million dollar equiptment...yea the judge lady said I had a caseand the wife also said take him for all he is worth...but we are in the "Sons of the Confederacy" togetherand it was somewhat of a misunderstanding...but who knows we ay end up in court anyway!

[hunt4fun1]

You won't have that problem here.

Ain't no trees.

[Shorthair]

hunt4fun1 said:

You won't have that problem here.

Ain't no trees.

Not even any mesquite?

[hunt4fun1]

Yeah....but that's more brush than tree.

[mudfish2]

I called the loggers yesterday and gave them a list of things I wanted compinsated for...If they don't bring me the check for the damages tomorrow plus the tree stands he said his son was getting at the classic in NC yesterday..I am gonna sue


This man seemed like the kinda man you would want too do business with too..old school..if you know what I mean..where a mans word was his bond and a handshake would seal the deal...guess it's true ' you can't judge a book by its cover"

[Shorthair]

mudfish2 said:

I called the loggers yesterday and gave them a list of things I wanted compinsated for...If they don't bring me the check for the damages tomorrow plus the tree stands he said his son was getting at the classic in NC yesterday..[glow=red,2,300]I am gonna sue[/glow]

This man seemed like the kinda man you would want too do business with too..old school..if you know what I mean..where a mans word was his bond and a handshake would seal the deal...guess it's true ' you can't judge a book by its cover"

I said to get a lawyer.

[mudfish2]

I've gave them enough time...getting a lawyer...I hate to do that in this sue happy world but...enough is enough dammit.

heck I may be going into the timber business ;D

[Shorthair]

mudfish2 said:

I've gave them enough time...getting a lawyer...I hate to do that in this sue happy world but...enough is enough dammit.

heck I may be going into the timber business ;D

These are the kind of legal matters that truly call for a lawyer. It's not like sueing McDonalds because you are fat lazy disgusting pig that got coronary artery disease from shoving too many Big Macs down your digusting fat pie hole.

[mudfish2]

well I finally got in touch with the tree company and told him point blank.. lets not go legal..told him again the cost of damages...said his boy was ordering two stands from cabelas and he would have me a check in the mail this week...I said "I hope I can count on you, cause I know I can count on my Lawyer!"

[Shorthair]

mudfish2 said:

well I finally got in touch with the tree company and told him point blank.. lets not go legal..told him again the cost of damages...said his boy was ordering two stands from cabelas and he would have me a check in the mail this week...I said "I hope I can count on you, cause I know I can count on my Lawyer!"

Now you're talkin Bro!