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Tractor Talk Discussion Board

Re: OT - John T or others, legal to be charged 8 yrs latter


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Posted by John T on August 04, 2015 at 13:08:13 from (216.249.74.3):

In Reply to: OT - John T or others, legal to be charged 8 yrs latter posted by yak651 on August 04, 2015 at 08:27:08:

Good afternoon Yak, you ask "but the other cost were just itemized on the original invoice with no cost. Can they really charge me for this 8 years latter, especially since a price wasn't listed on the original invoice?"

ANSWER probably YES.

In the event there's any firm price written contract, the writing generally prevails (whats called four corners doctrine). Its ONLY if there's an ambiguity or uncertainty the Court may fill in the blanks. However, even if litigated, I'm sure the propane company can provide credible admissible evidence (like business records) as to their reasonable charges and fees and if you cant furnish evidence to rebut that (but where you gonna get that???) they will likely prevail. As an attorney I never take such cases telling the people no way I'm taking their hard earned money when I doubt I will get them a dime in return.

Sorryyyyyyyyyyyy But that don't mean its still not negotiable!!!!!!!!! Make them an Offer or tell them they can take you to Court. They may accept far less to avoid the hassle or be given a bad reputation.

John T


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