Who's right.

Bought a holding tank at auction last week. Instead of the unload auger and motor being supported by straps from the tank, they had it resting on the dryer and actually bolted to dryer. Last night the guy who bought the dryer called me to coordinate removing them because he cannot take dryer out until auger is taken down. What surprised me is he thinks auger goes with his dryer. I think it goes with my tank. What do you guys think? I thought everyone just assumed tank unload auger is part of the tank as it is specific to the auger boot on the tank. Also it is the same brand as the tank. He said it is part of the dryer as it is bolted right to it. It is also hard wired to the dryer. I know the auger tube itself is not worth much but there is a 7.5 hp. motor on it that is worth something. He said he never would have paid that for the dryer if he did not think he was getting the auger. My thoughts are that is not my problem. What should I do? He said it is the auctioneer fault for not specifying who gets auger. I say auctioneer did not specify because it goes without saying the unload auger goes with tank. It is similar to auctioneer not specifying that the steering wheel goes with the tractor they are selling. Really need some opinions here as I don't want to be a jerk if I don't have to but yet I really want what is rightfully mine.

I think you get the auger...but better contact the auctioneer about it.

Yep the auctioneer is the one who can solve the problem.

My opinion is you own the auger.

Gary

Sale cancelled and items rebid with clarification is often auctioners decision. Brother works for auction outfit sometimes. You and drier buyer can call auctioneer and take his decision if you can"t find auction bill description. RN

I would believe it goes with the dryer

"Interesting question", as we say in the legal biz. I'm not familiar with grain dryer setups, but it sounds like you put the wet grain in your tank, his dryer blows hot air through it, and after its dry, the auger empties your tank. Have I got it right?

On first glance, it appears that it should be your auger. But what makes it interesting is that its bolted to the dryer, and usually stuff that's bolted together goes together. Is it bolted to the dryer just as a means of support?

Guess if I were the judge on this one, I would come down on your side, because the auger is a functional part of the tank, and not the dryer- it was just bolted on as a means of supporting it. The fact that it was hard wired to the dryer means nothing, IMHO- you wire to the handiest and closest point, and of course you would wire the auger to the dryer it was next to.

Kind of reminds me of an auction I went to, many years ago- There was a yellow 3 point post driver, which I wasn't particularly interested in, but they had put all the pieces of a JD B add-on 3 point hitch with it, presumeably because they were the same color. Quandry- do I ask the auctioneer to separate them? I knew the 3 point was in more demand than the post driver, so took a chance and kept my mouth shut. Ended up getting the whole outfit for about $400, later sold the driver alone for the same- after I tried it once, and concluded that it was a good way to keep from growing old.

Go to a dealer in the brand of tank you bought and see how it comes from the manufacturer. Same with the dryer. If it came with the tank, has always been attached to the tank it's part of the tank. Auctioneer should have been clear and now needs to clear it up.

I say it goes with the tank.

That said why do you need to remove the auger that his is claiming? If he wants the auger he should remover it. Wouldn't be the first time at a sale where it has been first come first serve. Probably too late for that now since the question of who it belongs to has been asked.

Here"s how a wet bin/dryer works: you fill the wet bin, the auger fills the dryer as needed. Corn is dried in the dryer, then augered into storage by a second auger. Auctioneer should have explained situation before selling. My setup is identical- top end of auger is bolted to dryer for support. Input hopper under wet bin is not attached to wet bin.

Thanks, JMS- that explanation bolsters my opinion, that auger from wet bin to dryer goes with the wet bin.

Sounds like you both need to call the auctineer and gt it straightened out before anyone unbolts anything.

I would expect the wet holding tank auger (taking wet grain from the tank you bought to the drier) to go with the tank, and the drier auger (taking dry grain away from drier) to go with the drier if nothing was said about it, but typically something is said by the auctioneer.

So I would expect it to be as you do, that you own the auger, but rather than too big a fuss I'd get the auctioneer involved in settling it.

--->Paul

someone is getting a refund... dont know who.

(quoted from post at 10:27:43 04/18/12) Sounds like you both need to call the auctineer and gt it straightened out before anyone unbolts anything.

I would expect the wet holding tank auger (taking wet grain from the tank you bought to the drier) to go with the tank, and the drier auger (taking dry grain away from drier) to go with the drier if nothing was said about it, but typically something is said by the auctioneer.

So I would expect it to be as you do, that you own the auger, but rather than too big a fuss I'd get the auctioneer involved in settling it.

--->Paul

Click to expand...

Sounds reasonable...also if both pieces were sold by brand I think the fact that the wet bin and auger are the same brand would mean alot. Also, what good is a wet bin without an auger to unload it?? Previous auctions should have set a precedent also...so the auctioneer should be able to clear things up. Let us know the results!

That was my first impression as well.....despite the auger being bolted to the dryer- but only for support. If the auger was free-standing, on its own wheels- might sell separate. Clearly, split should have been mentioned by auctioneer. Between just the two buyers...wonder if they could split the auger and motor? Bottom line, auctioneer"s fault.

I think the auger belongs to you. The auger is hard wired to the dryer only because the drier control is the brains of the setup which runs automatically once it's started up. When the drier completes unloading the dry grain it starts your auger to refill itself.

Here's another spin on it, who bought the first item ? Any auction I've ever been to, the first bidder gets choice. The auctioneer should have been clearer though.

I would say he has a stronger hand than you do. It seems like the auger is bolted to both the bin/tank and the dryer. BUtttttt the auger is bolted and wired to the dryer. I had a setup like that for years. I bought the dryer new and it came with both augers, in and out.

You are both claiming the same piece of equipment. How was it advertised??? If it just listed a a holding tank then I would say you just get the tank. The auger would be part of the dryer system.

I would asked the auctioneer and or seller. The main item is the 7.5 hp motor. That is worth $400-500 dollars. It is a mess. There really is not correct answer if it was not made clear the day of the sale. I could argue either side. It is a case of a Poor job by the auctioneer.

It might work out that you get the auger and the dryer guy gets the motor. The motor is wired to the dryer so it can automatically work. The auger boot is bolted to the tank so could go with the tank. That is kind of a split.

I would never have boughten the dryer with out the tank. I would have then taken what I wanted an sold what was left.