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Machinery Deal?
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Hawken Cougar
Posted 6/27/2008 23:23 (#405954 - in reply to #405030)
Subject: Remember, you asked......



So. IL
Gary Blonde - 6/26/2008 16:40

Golly, I go up north working for two days and I'm involved in the Watergate scandal!!!!!!!!!!!!!!!!!!

I'm the big A**Whole that treated POOR, POOR MICK (PAT PETERSON) so badly on hs cultivator deal. But, as Paul Harvey says: "Now, here's the rest of the story"...............................................................

Once upon a time, there was a lad named Mick who was looking for a Lilliston cultivator on "Ag Talk Wanted" We replied and said we had one down here in Litchfield if he were interested in looking at it. Some time went by and he e-mailed May 7th, asking us if the we still had the Lilliston, I replied and said it hasn't gone to the scrap yard yet. Pat Peterson (Mick) asked for my price, I replied scrap price, he asked what scrap price would be and we estimated $150.00. He asked if delivery would be possible, I replied and said if we could tie it together with a trip up north I would bring it to McBain, MI. for $150.00. Pat needed it deliverd to Ludington, MI almost equal distance from my home (200miles) but nearly 85 miles from McBain. I did agree to deliver for the same delivery price if we could tie together with our soybean plantings up north. It was clearly o'kay with Pat. We did not request any money but Pat sent us a check for $300.00 which we cashed May 14th.

We finished our soybean planting up north and then we recieved an e-mail from Pat wanting a "cultivator time frame" I assumed he meant when can we deliver? I replied and said next weekend (June 14th) He replied and said he didn't have means to unload a cultivator until June 21st. My hired man loaded the Lilliston on June 20th and delivered the cultivator on the 21st, however I never mentioned to my driver anything about the extra parts and I frankly didn't even remember they were off. I e-mailed Pat multiple times to help him wth his problems as he accused me of only delivering a four row narrow cultivator (look in an earlier post) even though when I requested he remeasure it measured out to 186."

I had to go up north Tuesday and Wednesday to Lake City/Merrit to replant 25 acres of soybeans and other asssorted business, so I offered to meet Pat with the parts at the corner of US 10 and M-66 a fair compromise. And it would get him going. Is it my fault he hasn't the means to pick up the parts? He demanded I deliver them over to Ludington and I told him again I would be willing to meet him at M-66 and US 10 and again he refused. Then he layed into the fact he had to pay someone to "set up his cultivator because we failed to deliver something to match his plantings of organic squash which we never even talked about during our dealing nor did I imply to set up his $150.00 cultivator in the field for him.

Now for the beloved Ag Talk court, judge and jury was $150.00 a fair price for a used Lilliston Cultivator? Was $150.00 ($0.75 per loaded mile) a fair delivery price in the world of $4.50 diesel fuel and $12 employee wages for a 450 mile round trip? Could Pat have justified a delvery compromise, after repeated attempts to contact him?

So I ask all of you where did I do this man wrong?

Sincerely, the sinister, the untrustworthy, the cheating ...................................
Gary Blonde




The value of the machine and cost of delivery are in my opinion immaterial at this point. The fact that you cashed the check is significant and important. The answer to your question "Where did I do this man wrong?" depends on your description of the machine to the buyer prior to cashing the check:


If you described it as simply a Lilliston cultivator then it would appear that is what was delivered. Done deal.


If it was described by you as a 6 row narrow Lilliston cultivator then it would appear that the deal has not been completed as you still have not delivered significant portions of the machine. If that is the case, remember that you set the prices for the machine and the delivery. You also agreed to deliver it to the location that the buyer requested. The buyer sent you a check in advance which you promptly cashed. Through no fault of the buyer, you failed to deliver a complete machine as described. While it would appear that the buyer could certainly help himself in the end by being more cooperative in securing the remaining parts the responsibility to complete the transaction would appear to be yours alone.



BTW - Where is the judge when you need him anyhow?

FWIW - I'd stay out of it too if I were you Mr. Stremel.



Edited by Hawken Cougar 6/27/2008 23:25
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