Consumer Law, Warranties verbal contract

[Oliver_Terry]

I'm a wood cutter. A neighbor asked if I'd cut standing trees into logs on his property. Some, the very best, would go to him at a rate of $95 per cord, and some, the poorer grades, I'd sell to other individuals for $55 per cord. Since the wood belonged to my neighbor, I agreed to pay $27 dollars per cord to him for all the wood harvested, no matter where it ended up. This was strictly a verbal contract, with a witness, and the dollar amounts were set by my neighbor, which I agreed to. After spending a month working on this project I cut approximately forty cords, about a third of which was the very best, which per agreement went to my neighbor. The rest I sold to another party. After the work was completed, my neighbor informed me that he was entitled to more than the $27 per cord we agreed upon, sighting recent increases in the price of standing trees, and also he said the $95 dollar amount he agreed to pay me for the best logs was too high, stating that even though the wood was better than he expected he felt the price should be reduced.
He never did say exactly what he felt the new prices should be but mentioned $40 to $60 per cord for the standing trees, and $80 for the very best logs. With my expenses, this means I spend a month in the woods getting exercise and little else.
Where to from here?

 

[NYClex]

Now, who actually wants money from whom? If he wants more from you and you have a reliable witness to the verbal contract, then I would wait and see what he is going to do.

If it is you who wants money from him and you have a reliable witness you might have to sue.

From what I read here I think there is a valid contract which he cannot simply change.

But you might want to talk this through with a lawyer, especially what the witness can testify to.

 

[Michael Wechsler]

There is no question that there is a binding agreement made between you and the deal has been sealed by "partial performance" of the contract. You were induced into performing your part of the contract as a result of his promise to pay you the agreed upon amount. Increases in wood have no relevance in this case since what matters is what the prices were at the time you made the agreement -- that is what induced you to enter into the agreement to perform.

I'd kindly explain that to the neighbor. You would not have performed on the deal in that manner at the time the deal was struck. You both were at risk that the price of wood could go up or down.

If the neighbor tries to claim the defense of reworking the deal in court, I believe that the neighbor would lose. If there are no witnesses, this will likely come down to credability. If you have receipts for the prices paid for the wood then you'd likely have evidence that supports your version of the story.

This is a sensitive issue because once you go to court you cannot turn back the clock with regard to a relationship with your neighbor. But it is your call and you may wish to pursue it, especially if the money is significant.

Originally posted by Oliver Terry
I'm a wood cutter. A neighbor asked if I'd cut standing trees into logs on his property. Some, the very best, would go to him at a rate of $95 per cord, and some, the poorer grades, I'd sell to other individuals for $55 per cord. Since the wood belonged to my neighbor, I agreed to pay $27 dollars per cord to him for all the wood harvested, no matter where it ended up. This was strictly a verbal contract, with a witness, and the dollar amounts were set by my neighbor, which I agreed to. After spending a month working on this project I cut approximately forty cords, about a third of which was the very best, which per agreement went to my neighbor. The rest I sold to another party. After the work was completed, my neighbor informed me that he was entitled to more than the $27 per cord we agreed upon, sighting recent increases in the price of standing trees, and also he said the $95 dollar amount he agreed to pay me for the best logs was too high, stating that even though the wood was better than he expected he felt the price should be reduced.
He never did say exactly what he felt the new prices should be but mentioned $40 to $60 per cord for the standing trees, and $80 for the very best logs. With my expenses, this means I spend a month in the woods getting exercise and little else.
Where to from here?