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Ruh roh, getting sued

jon f mn

jon f mn

Well-known Member
Made a deal with this guy three years ago. He wanted his hay field worked up , planted to corn a couple years, then replanted to hay. So we made a deal. I was warned about him prior but thought how bad can it be, we have a written contract. Well it can be bad. Lol. Was supposed to be done last year but it started raining just as I finished planting the cover oats in this field and before I could get the hay in with the brillion seeder. Then it rained all summer and fall and I never even got the oats off. So this spring I had to seed down the hay. I figured with the oats still laying there if I just disced it and planted the Timothy hay he should get enough oats for a cover. But he didn't like that. Says discing alone is not good enough. Used my heavy disc first then the finish disc after. It looked like this when I started.


cvphoto45772.jpg


Looks like this when done.



cvphoto45773.jpg


cvphoto45774.jpg



The Brillion seeder I can rent is booked for the next two weeks and I don't own a drag, so it's just disced twice with the heavy disc and twice or three times with the light disc. He says there is too much grass left on top.

Oh well, hopefully he won't get too much in court and it will be worth it to be done with him. He has been impossible since the beginning. Guess I'll listen next time someone says to avoid someone. Lol
 
Wish you the best of luck.

I do not know if force majure can be enforced without it in contract.
 
Can you spray it with roundup tomorrow before anything starts to grow? Kill off that grass he is worried about. I can't believe with everything going on that a judge is going to take time to hear that case. Who knows maybe you can turn around and sue him for payment.
 
SInse it was a nature related situation that all farmers face, and he evidently got the crops off the field as contracted, The only thing under consideration is your completion of a job that was affected by nature (on your dime the next year) Offer to spray his grass clumps to burn down since it is not seeded yet, on his chemicals expense. Jim
 
Never got to know the neighbors 1/4 mile south of me but people warned me of them. Been here 20 years and never said two words to either. The boyfriend left(they are in their upper 60's now and I am 48) she has a new guy. She called and left a message for me to come and work on her tractors. Asked the next widow over that talks to her and she said don't bother. So still have not talked to them but neither do the other neighbors, other than the widow I mentioned and she is a peach, great lady, 78 and still cuts her own wood, her kids help her split whats to big.
 
A broken nose would at least give him a reason to sue walking around with two black eyes for a week or ten days may be just the thing for him
 
I assume this was a custom farming contract where you were to be paid to till, seed and (maybe) harvest and he was to get the proceeds from any crop sales. If that's the case, I'd be a bit worried because he could very well convince a sympathetic judge that you didn't do due diligence, and that the poor outcome wasn't the result of circumstances beyond your control. He could go after you not only for any payments he made or should have made, but also for the loss of crop yield. I suggest you retain an attorney.
 


My family got taken to court be a tenant that we evicted from the family place. It had appeared that my brother didn't adequately vet the guy with the reputation that we later found that he had. He was denied access to the garden that he had planted. I went to court but he didn't show.
 
Lol, no organic for this guy. One year he was furious because I wouldn't spray the road ditch with roundup.
 
> Not like that, I paid rent and farmed it and agreed to seed it back at the end.

Thanks for the clarification. Certainly if it's a cash rent situation and you paid the rent, then his damages should be limited to the cost of redoing the prep and seeding work you were to perform before turning the land back over to him. If it's a share rent, then he could argue you didn't get the yield that someone else would have, but that's difficult to prove.

I find it strange that he sued you BEFORE you re-seeded the field.
 
SV ..... yes, that would be one way to deal with it, then he'd have two court dates to contend with. Hopefully he doesn't follow your advice.
 
with no permanent crop already planted from last year, I would do just as you did, disk 2X and seed. What few clumps of "sod" show up will be levelled out the first time the haybine hits them. Neighbor should have had a word with the weatherman last year, so the seeding could have happened then.
 
(quoted from post at 06:10:57 06/01/20) Aren't the courts closed and hopelessly backlogged?

It seems a case like this would be put off for years!
Click to expand...

LOL Not our courts - they are still ripping people off daily.
 
I don't get what grounds he thinks he has a case for? I assume he's just spouting off at the mouth, hoping to scare you into doing what he wants? Is there something written in the contract regarding "clumps"?
 
Situations like this keep life interesting.

Sounds like he is known for having a very high self interest and not aware of others at all, and you got a little late and hurried on your end of the bargain from weather issues.

You seem to enjoy or at least keep a good perspective of the interesting parts of life more than dwelling on them, so good luck with how it all evolves.

Paul
 
back when I was growing up we handled things like that for sure,, be better if we still did,, courts do not see that though,, I can only smack someone if I let then smack me first, and I really seldom do that,, good friend of mine hit a guy twice, warned him every time before he did it,, he was ordered to pay 5000.00 to the one who got hit,, he still chuckles about the cost of punching is at 2500.00 each these days,, as for jon's issue i cant see any cause for the guy wanting sue over a few clumps of grass,, but we have a whole nest of judges who may see it different sadly,,
 
(quoted from post at 08:51:58 06/01/20) Hasn't sued yet, said he was going to.
Click to expand...

Down here some county clerks of the court websites let you search court records per name.
You can see what all legal mumbo jumbo a persons name is on.
Including any lawsuits filed.
If his name does not show up on any lawsuits filed, he is just a buch of hot air.
 
Maybe go to a tire dealer and see if you can get some old bad tractor tires and get some cable and make a cheap drag?
 
My wife used to go to court for her collection agency and she goes to court against non paying tenants with our rental units.Anything can happen in
in a court and I mean ANYTHING so be prepared with evidence of weather conditions documented,pictures,etc etc the judge wants to see evidence not listen to your opinion.
 
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