Unprofessional?

[ATH]

So if he does take you to court, it sounds like there are 2 options...

He says "I quoted 300-400". That does not require a written contract. You agree, but say that was for everything you wanted done except for the holly and hickory. He has failed to perform.

He says "I quoted $500". As said above, you agree that was the quote. With nothing in writing, should be the end of the matter.

 

[lone wolf]

So if he does take you to court, it sounds like there are 2 options...

He says "I quoted 300-400". That does not require a written contract. You agree, but say that was for everything you wanted done except for the holly and hickory. He has failed to perform.

He says "I quoted $500". As said above, you agree that was the quote. With nothing in writing, should be the end of the matter.

Is that the law in her state?

 

[lone wolf]

http://www.nashvillebusinesslitigationlawyersblog.com/2012/07/tennessee-law-regarding-implie.html

 

[lone wolf]

I am sure a counter claim for damages that far exceeds the jerks claim would blow this right out of the water!

 

[TNTreeHugger]

So if he does take you to court, it sounds like there are 2 options...

He says "I quoted 300-400". That does not require a written contract. You agree, but say that was for everything you wanted done except for the holly and hickory. He has failed to perform.

He says "I quoted $500". As said above, you agree that was the quote. With nothing in writing, should be the end of the matter.

Makes sense.
So, I don't want to escalate the issue. Do you think it's safe for me to do nothing at this point in time?

 

[ATH]

Is that the law in her state?

I said a few posts ago, that I don't claim to know TN law...but MOST states it does apply. Apparently it does in TN as well: http://law.justia.com/codes/tennessee/2010/title-47/chapter-2/part-2/47-2-201 But still not claiming legal expertise, just posting what I read in the law with 30 seconds of Googling!

The link you posted is irrelevant. Both parties acted on the implied contract in that matter. She has not taken any actions (that I have seen, but have not combed through all 12 pages!) that would seem to imply she agreed to terms.

 

[ATH]

Makes sense.
So, I don't want to escalate the issue. Do you think it's safe for me to do nothing at this point in time?

I think it is in your best interest if you never cross paths with the fool again. I'd forget about it. (or at most see if the county will file criminal damaging charges...that is great evidence that you didn't want him out there).

However, as somebody above said, often the first to file is the one who wins...but you don't want anything but to be left alone so would you file just to protect yourself from him filing? That might just stir the hornet's nest???. If he shows back up, perhaps ask for a restraining order. I don't know if they give those for property damage or just for personal injury????

That is NOT intended to be legal advice...I am not qualified for that and don't want to pretend to be. Just passing along info about Statute of Frauds and ramblings about what I'd do.

 

[TNTreeHugger]

http://www.nashvillebusinesslitigationlawyersblog.com/2012/07/tennessee-law-regarding-implie.html

" The conduct of the parties to an alleged agreement must be clear in order for the plaintiff in a breach of contract case to prevail on an implied contract theory."
I would think the fact that I complained about this guy on an internet forum, to people at work, and on the phone to my cousin in Jersey BEFORE he came to my house and damaged my property, is pretty clear proof I had no agreement with him.
Don't you think?

 

[TNTreeHugger]

I think it is in your best interest if you never cross paths with the fool again. I'd forget about it. (or at most see if the county will file criminal damaging charges...that is great evidence that you didn't want him out there).

However, as somebody above said, often the first to file is the one who wins...but you don't want anything but to be left alone so would you file just to protect yourself from him filing? That might just stir the hornet's nest???. If he shows back up, perhaps ask for a restraining order. I don't know if they give those for property damage or just for personal injury????

That is NOT intended to be legal advice...I am not qualified for that and don't want to pretend to be. Just passing along info about Statute of Frauds and ramblings about what I'd do.

You are correct. The second officer told me I could ask for a restraining order if he pestered me.

 

[TNTreeHugger]

I just wanted to say one last thing tonight...
I can't say I'm glad I had this problem with this idiot, but I can say the positive that came from meeting all of you nice folks FAR outweighs the negative caused by the ape with the chain saw.
Hope you all have a great night - and thanks for tolerating me in your man cave.

 

[Creeker]

............. ape with the chain saw.........

There it is

 

[moondoggie]

I just wanted to say one last thing tonight...
I can't say I'm glad I had this problem with this idiot, but I can say the positive that came from meeting all of you nice folks FAR outweighs the negative caused by the ape with the chain saw.
Hope you all have a great night - and thanks for tolerating me is your man cave.

Awepleasure to meet you as well!

 

[lone wolf]

" The conduct of the parties to an alleged agreement must be clear in order for the plaintiff in a breach of contract case to prevail on an implied contract theory."
I would think the fact that I complained about this guy on an internet forum, to people at work, and on the phone to my cousin in Jersey BEFORE he came to my house and damaged my property, is pretty clear proof I had no agreement with him.
Don't you think?

Makes sense to me! I wouldn't worry about it too much. He aint likely to win anything being as stupid as he is . Judges know this right away.

 

[DR. P. Proteus]

Dr P...I wanna tell ya something from a combat Marines' perspective...you question me as to whether I'm a climber or a tree man...come on my man. I guess everyone here is probably just some idiot in your book, whether they have tree dealings everyday or not.

I'm willing to offer this...I bet I can hang in your tree cutting world all day long. Best question is...can you hang in the aircraft world...flight controls, avionics, and electrical? I'm willing to bet you'd be scratching your Dr ass...just me thinking. I take a helluva lot of pride, my man, keeping these birds flying. I was a young Marine many yrs ago, banking on the service and maintenance work on these 'first class Deltas' ...to get my ass to the battlefront, and home again...to see my children.

You can probably teach this Jarhead a thing or ten about cuttin' trees...I bet I can do the same with you...with those things that fly. Ya rectum??

Give the gal a break my man...

I didn't ask you if you did tree work in order to challenge you. I asked so I would get an understanding on your experience.

Now ancient arborists contend that when a person requests a price to remove a tree then says they want to wait until the skwerels move out of it then its possible that that person is pathologically whistling Dixie.

 

[USMC615]

I didn't ask you if you did tree work in order to challenge you. I asked so I would get an understanding on your experience.

Now ancient arborists contend that when a person requests a price to remove a tree then says they want to wait until the skwerels move out of it then its possible that that person is pathologically whistling Dixie.

I understand the point you're making Doc, and I appreciate you chiming back. I'm just giving the lady the benefit of the doubt. As far as skill set goes, if you've ever climbed one tree to take it down, you got me beat for sure. I can drop one from the ground and turn it into firewood..and about the only thing I know when it comes to climbing one would be with an extension ladder.

I enjoy reading as much as I can here when it comes to an arborists' perspective. There are some kick ass guys on this site...if I had a tenth of their knowledge, I might would consider myself alright. My expertise is keeping aircraft flying...getting the fellas to the battlefield and back. But I enjoy learning as much as I can from you folks here.

 

[TNTreeHugger]

I didn't ask you if you did tree work in order to challenge you. I asked so I would get an understanding on your experience.

Now ancient arborists contend that when a person requests a price to remove a tree then says they want to wait until the skwerels move out of it then its possible that that person is pathologically whistling Dixie.

Said squirrelly dame was seeking advice from a professional as to whether, or not the tree NEEDED to come down, or if it could be trimmed.
Before you accuse me of lying, the proof of my statement is in the very first thread I posted on this site> Giant Holly Tree.
The ape that showed up was not the only person I called, nor the first. He just happened to be the first one to respond.
I most certainly wasn't going to take his word for it that the tree "needed" to come down. I am still waiting for the forester from the electric company to come by and check it out.
If you think it is wrong to wait to take down a tree until the occupants have vacated, in a tree that is in no hurry to come down, then that is your problem, not mine. Obviously, one of us has a kinder heart than the other.

 

[TNTreeHugger]

Said squirrelly dame was seeking advice from a professional as to whether, or not the tree NEEDED to come down, or if it could be trimmed.
Before you accuse me of lying, the proof of my statement is in the very first thread I posted on this site> Giant Holly Tree.
The ape that showed up was not the only person I called, nor the first. He just happened to be the first one to respond.
I most certainly wasn't going to take his word for it that the tree "needed" to come down. I am still waiting for the forester from the electric company to come by and check it out.
If you think it is wrong to wait to take down a tree until the occupants have vacated, in a tree that is in no hurry to come down, then that is your problem, not mine. Obviously, one of us has a kinder heart than the other.

PS: Several years ago, I experienced the results of having a tree cut down while baby squirrels were still in it . The worker found them after the tree had come down and brought them to me. Their eyes were still closed and they didn't have any fur yet.
I took them in, fed them with an eye dropper until they could eat on their own, raised them up for several months, and then set them free on the property of a friend out in the woods.
While it was a valuable and heart-warming experience, I'd rather not do it again if I don't have to.

 

[lone wolf]

PS: Several years ago, I experienced the results of having a tree cut down while baby squirrels were still in it . The worker found them after the tree had come down and brought them to me. Their eyes were still closed and they didn't have any fur yet.
I took them in, fed them with an eye dropper until they could eat on their own, raised them up for several months, and then set them free on the property of a friend out in the woods.
While it was a valuable and heart-warming experience, I'd rather not do it again if I don't have to.

The mother comes back to get them when she hears them squeal , you just have to get away from there and be quiet. I have seen this a bunch of times.

 

[lone wolf]

They have back up nests to go to in case one nest gets wiped out.

 

[lone wolf]

It seems they are more wise than Dr Pee.

http://feedingnature.com/some-fascinating-facts-about-where-squirrels-live/