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Tractor Talk Discussion Board

Re: OT, April contracts??? They cant take.


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Posted by John T Country Lawyer on May 26, 2011 at 05:26:51 from (173.243.189.183):

In Reply to: OT, April contracts??? They cant take. posted by Dave from MN on May 25, 2011 at 19:12:15:

I once got out of a grain delivery contract when they couldnt take shipment by arguing I was ready willing and able to fulfill my part of the bargain but through no fault of my own they refused my tender of delivery. BUT THAT WAS ON THAT CONTRACT AND ITS TERMS NOT ON ANY OTHER SITUATION INCLUDING YOUR OWN

HOWEVER what I as an attorney or any attorney or lay person thinks or says on here IS WORTHLESS AS FAR AS YOUR OWN CONTRACT (which we havent read or researched) IS CONCERNED. Its a matter of contract law and the terms of your own contract which Im sure covers situations like you describe.

READ THE CONTRACT, THEREIN LIES THE ANSWER, IT CAN NOT BE DETERMINED ON HERE...... However, it makes for a good moral sounding lay argument (even if????? the contract protects them) to say you were ready willing and able to deliver but through no fault of yours they didnt live up to their end of the bargain,,, a jury would sure be sympathetic to such, but thats probably a question of law (if the contract protects them or not) for the judge instead of a fact question for a jury, although a jury has ways to deal with similar situations lol

That being said, most things are negotiable and even if the company is correct AND COVERED BY LAW theres the cost of litigation and a suits nuisance value and public relations so talk to them and explain your situation and get their response and then consult local counsel if needed.

My best free (and worth the same, nothing) advice CONSULT A LOCAL CONTRACT LAWYER

John T Country Lawyer


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