Posted by Buzzman72 on July 11, 2011 at 05:03:12 from (74.129.195.67):
In Reply to: What to do??? posted by 1031D on July 10, 2011 at 17:44:58:
When I took a business law course about 4 years ago, I believe I learned that a contract exists when there is a "meeting of the minds" by both parties involved. Based upon that, and based upon the fact that there was nothing written--including a bill of sale--the fact that SIX YEARS elapsed between the time the seller accepted payment and the time he came around demanding further payment, it would seem that implies VERY STRONGLY that the seller was PAID IN FULL for the tractor at the time the buyer wrote him the check, which I assume was accepted for payment.
In light of that...I'd let the local sheriff know what has been threatened, chain the tractor up at night so that it can be argued that you "exercised due dilligence" to keep your "friend' from performing an illegal reposession, and then tell your "friend" that if he wants the tractor back, you'll see him in court...letting HIM be the one to institute legal proceedings. If he can get an attorney to take his case--which I seriously doubt--THEN I'd also get an attorney. If the transaction falls under the heading of small claims court, in which a lawyer isn't needed, I'd still consult an attorney, if I was in your shoes.
I'm NOT an attorney, and my advice is worth exactly what you paid for it. If you WANT good legal advice, consult an attorney, and not some guys typing on a farm equipemnt discussion board...and be prepared to pay for said legal advice.
We sell tractor parts! We have the parts you need to repair your tractor - the right parts. Our low prices and years of research make us your best choice when you need parts. Shop Online Today. [ About Us ]
Today's Featured Article - Show Coverage: Journey to Ankeny - by Cindy Ladage. We left Illinois on the first day of July and headed north and west for Ankeny, Iowa. Minus two kids, we traveled light with only the youngest in tow. As long as a pool was at the end of our destination she was easy to please unlike the other two who have a multitude of requirements to travel with mom and dad. Amana Colonies served as a respite where we ate a family style lunch that sustained us with more food than could reasonably fit into our ample physiques. The show at Ankeny
... [Read Article]
Latest Ad:
1964 I-H 140 tractor with cultivators and sidedresser. Starts and runs good. Asking 2650. CALL RON AT 502-319-1952
[More Ads]
All Rights Reserved. Reproduction of any part of this website, including design and content, without written permission is strictly prohibited. Trade Marks and Trade Names contained and used in this Website are those of others, and are used in this Website in a descriptive sense to refer to the products of others. Use of this Web site constitutes acceptance of our User Agreement and Privacy Policy
TRADEMARK DISCLAIMER: Tradenames and Trademarks referred to within Yesterday's Tractor Co. products and within the Yesterday's Tractor Co. websites are the property of their respective trademark holders. None of these trademark holders are affiliated with Yesterday's Tractor Co., our products, or our website nor are we sponsored by them. John Deere and its logos are the registered trademarks of the John Deere Corporation. Agco, Agco Allis, White, Massey Ferguson and their logos are the registered trademarks of AGCO Corporation. Case, Case-IH, Farmall, International Harvester, New Holland and their logos are registered trademarks of CNH Global N.V.
