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Re: STOLEN ALLIS STORY


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Posted by Paul in Mich on March 17, 2005 at 11:11:51 from (152.163.101.7):

In Reply to: STOLEN ALLIS STORY posted by Turk on March 17, 2005 at 10:45:46:

Turk, It sounds as though there may have been 2 tractors of questionable ownership in this story. When you sold the IHC 10-20, either you had the right to sell it or you didnt. If you did, then the question is did the buyer abandon it by not picking it up, or was there an open ended agreement for you to store it until he could arrange to pick it up. If your sister had no legal claim to it, then why would you send the buyer a check to repurchase it? That in my opinion would be an acknowledgement of his ownership. To send him money also would imply that there was no arrangement to pay you storage, and that you still regarded him as the owner. To allow your sister to take ownership and then send him a check is being presumptive on your part, as it is his to set a price not you or your sisters. If it was your tractor to sell, then your sister has no right to sell it. If it was your sisters to keep, then it wasnt your tractor to sell. To assume that the guy you sold the tractor to had some sort of moral obligation to allow your sister to send him what you and your sister deemed a fair price, is again presumptive. You have a legal problem that goes beyond your Allis 20-35 being unlawfully removed from your premesis. That from what I read in your story is a completely separate issue, but probably wouldnt have even become an issue had you followed proper legal proceedures relating to the 10-20. Sometimes a good lawyer is worth the price. Something tells me you haven"t heard the last of this yet, even though you may get your Allis back.


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