Do I have a small claims case?

[kevin1657]

I’m having some issues researching my situation and was hoping you kind folks could shed some insight. I’m in Oregon and started a nursery business with someone and I purchased all of the start up equipment (lights, tent etc. Aprox. $3,000), but they haven’t delivered on ANYTHING in 2 years. We don’t have a contract (silly me for trusting a friend). The equipment is in their garage, but I have ALL of my receipts as well as text messages of me trying to work it out and come to an agreement, but he just doesn’t reply for six weeks at a time. Would I still have a case even though he has possession of equipment? I can prove I purchased everything via receipts and credit card statements. Any help is greatly appreciated.

Many Thanks,

 

[quincy]

I’m having some issues researching my situation and was hoping you kind folks could shed some insight. I’m in Oregon and started a nursery business with someone and I purchased all of the start up equipment (lights, tent etc. Aprox. $3,000), but they haven’t delivered on ANYTHING in 2 years. We don’t have a contract (silly me for trusting a friend). The equipment is in their garage, but I have ALL of my receipts as well as text messages of me trying to work it out and come to an agreement, but he just doesn’t reply for six weeks at a time. Would I still have a case even though he has possession of equipment? I can prove I purchased everything via receipts and credit card statements. Any help is greatly appreciated.

Many Thanks,

What was your oral agreement?

Have you tried to get your equipment from your friend's garage?

 

[kevin1657]

What was your oral agreement?

Have you tried to get your equipment from your friend's garage?

The original agreement was that he would grow the product and it would be delivered to me monthly as well as selling it and distributing it ourselves (which never happened). Went multiple months with no product whatsoever. When I texted him about it, he went off with a rude disrespectful tangent laced with profanity and excuses. When I called him out on the lies (and stated facts and statistics) he eventually said "we would have to figure something out". I agreed. Then I didn't hear back for a week when he texted me and said he had product, but again didn't show and I haven't heard from him since. That was 6 weeks ago. I saw him randomly in a public place today actually and he completely ducked me and basically sped away.

 

[quincy]

If your friend is not honoring his end of the agreement, you can sue him. Before filing suit, you might consider having an attorney draft and send a demand letter, for return of the equipment or cost of equipment, with an "or else I will sue."

That might get his attention.

Try to get all future agreements in writing. When disputes arise - which they often do - having a written agreement makes dispute resolution a lot easier.

Good luck.

 

[latigo]

If your friend is not honoring his end of the agreement, you can sue him. . . . . . .

Sue him for what, Quincy?

 

[quincy]

Sue him for what, Quincy?

Breach of whatever oral contract they cobbled together?

What would you suggest, latigo?

 

[latigo]

Breach of whatever oral contract they cobbled together? What would you suggest, latigo?

Not sure. That's why I asked.

It would seem that the agreement was that kevin was to furnish certain equipment and the other guy would produce the product which they'd jointly market and split the profits.

I have suspicion that the stuff kevin purchased isn't languishing in some garage, but except for kevin's end, is in use as intended.

So, in theory (meaning highly impractical for 3 G's) he might want to sue for an accounting, do some discovery, follow its lead and amend his pleading accordingly.

But without the discovery and learning something about what the guy's been up to, I don't see where he could prove damages under an assumpsit theory.

Anyway, win some, lose some and some are rained out. And there are parts of Oregon where the denizens grow web feet.

 

[quincy]

Not sure. That's why I asked.

It would seem that the agreement was that kevin was to furnish certain equipment and the other guy would produce the product which they'd jointly market and split the profits.

I have suspicion that the stuff kevin purchased isn't languishing in some garage, but except for kevin's end, is in use as intended.

So, in theory (meaning highly impractical for 3 G's) he might want to sue for an accounting, do some discovery, follow its lead and amend his pleading accordingly.

But without the discovery and learning something about what the guy's been up to, I don't see where he could prove damages under an assumpsit theory.

I suspect you are right.

It would be nice if friends and their casual, no-contract business arrangements worked out better than they do. It seems working with friends is a good way to kill both friendships and businesses.

Anyway, win some, lose some and some are rained out. And there are parts of Oregon where the denizens grow web feet.

 

[kevin1657]

Thank you so much guys, I'm really appreciating the advice. Sorry for the delay I was passing some kidney stones yesterday (still am).

"I have suspicion that the stuff kevin purchased isn't languishing in some garage, but except for kevin's end, is in use as intended."

I have a feeling that this is exactly right, aside from spending the money to start the business up, I have the sneaking suspicion he is going to continue to try to work with others as well, and pretty much cut me out. All of this encouraging me to pursue the case. As far as accounting goes. I have a feeling he isn't keeping ANY records for a few reasons. one is because he is incapable of doing so (organizational skills/caring), and two, so he can waiver as needed. I have all my receipts and credit card statements.

It sounds like you guys are suggesting to go for it, but maybe a bit of uncertainty (if I'm understanding correctly). I want to be as sure as I can of building a good case and a win (who doesn't). With the text messages detailing the situation, complaints, irritation and his claims to want to work something out, wouldn't that help my case and show that at the very least he should return the equipment and we should go our separate ways? Or am I kind of screwed if I can't prove something other than thru text messages and receipts?

"It would be nice if friends and their casual, no-contract business arrangements worked out better than they do. It seems working with friends is a good way to kill both friendships and businesses". No kidding you said it. But like you said before, from now on everything goes in INK.

Again much appreciative of your advice!

Thanks again!

 

[Zigner]

Lat & Q - If the OP can prove that it's his equipment, then can't he simply go pick it up? If the other party won't allow it, perhaps the local police could have a word.

 

[quincy]

Lat & Q - If the OP can prove that it's his equipment, then can't he simply go pick it up? If the other party won't allow it, perhaps the local police could have a word.

I suggested earlier sending a letter from an attorney demanding the return of the equipment, with the hope that the letter could lead to a resolution that avoids police or court action. It would certainly be best if the friend simply agrees to open up his garage and returns the equipment - or pays for the equipment.

I think at this point this business between friends is unlikely to work.

For a court action, Kevin, you will need to have sufficient evidence to support whatever it is you are asking for. Receipts for equipment purchase showing you paid can be good. Texts or emails can be good. A lot depends on what exactly you want out of all of this.

 

[Zigner]

I suggested earlier sending a letter from an attorney demanding the return of the equipment, with the hope that the letter could lead to a resolution that avoids police or court action.

Yes, you did.

 

[Zigner]

Sue him for what, Quincy?

Conversion comes to mind

 

[latigo]

Conversion comes to mind

Say, there's an "idear"!

Forget replevin, forget an action in assumpsit - just sue for the $3K alleging that the equipment was purchased for their mutual purpose and use, but the guy has appropriated it for his sole use and benefit. Good on ya, Z.

But getting back to this reality business and Mr."Have emails will travel". If reality means tolerating imposters, then I'm "agin" it.

 

[Zigner]

Say, there's an "idear"!

Forget replevin, forget an action in assumpsit - just sue for the $3K alleging that the equipment was purchased for their mutual purpose and use, but the guy has appropriated it for his sole use and benefit. Good on ya, Z.

But getting back to this reality business and Mr."Have emails will travel". If reality means tolerating imposters, then I'm "agin" it.

I understand it's mid-afternoon - but you might want to cut back on the whatever it is you're smoking.