I really need a Timber Consultant N. Central TN

solidwoods · April 21, 2003, 05:11:59 PM

I'm trying to hire a Timber Consultant to telephone these people for an appointment to survey the stumps. My guess is they will not give an appointment now. When we go to court, the judge will ask them to grant access.
I need to get an appointment for survey or a refusal from these people.

I live in Fentress Co.
My wife Dog groomer, I sawmill, kiln dry lumber for me to build furniture from. My work is at
https://forestryforum.com/cgi-bin/board/YaBB.pl?board=sawmill;action=display;num=1048778428;start=0
and yes I can build furniture for pay, or a check with your name is fine also.
Lived here 3 yr, retired Army Aviation.
Please Email me Your # and I'll Call ASAP.
This is the truth, my side of the story

A friend of mine gave me Mr. X phone number.
Mr. X and his wife Mrs. X said they want to remove the trees from the back edge of the lot to build a pond in the future.
Their lot is about one acre with about 1/3 of it in trees on the back and side edges
We agreed to remove all trees and saw mill any that were worth milling. Mr. X and I would do the work. We agreed to split everything 50/50. Labor, the sawmilled lumber all costs associated with the deal, and split the left over wood which could be made into firewood 50/50.
A few days into the job Mr. X told me that he and his wife didn't want the left over wood for fire wood, I could take it if I wished. I said yes I'll haul it away. After lunch that same day he told me they had changed their minds, and would like to get something of value for their half of the left over wood. Mr. and Mrs. X and I agreed to complete the job, and look at how much wood was left over, and then agree on a value of half of the leftover wood. Half is mine, and I would make an offer for his half. We agreed that I would pay him the logs value not in money, but "goods or services that I offer". That being sawmilling, kiln drying of lumber, molding or furniture that I make, or home improvement.
We completed the cutting down of the trees, and Mr. X rented a trailer to haul the logs to my sawmill. It took us 3 trips, about 5000lb per trip. I estimate the weight of the total left over log weight at 1000-1500 lb . We also hauled about 10 of his truck loads of cut to firewood length pieces.
Mr. X came over to my sawmill and milled lumber for 2 days. He had to go to Fla on house selling business, so I worked an additional 2 days to complete the sawmilling. I sawmilled about 1000 board feet. Mr. X telephoned me when he got back, a couple of months later, and made an appointment for him to pick up his half of the lumber. He came to my home with his Grandson ( the same Grandson that had worked a few times with us to cut down the trees on Mr. X property), and we loaded his half of the lumber out of my barn, and into his truck. It took them 2 trips to haul it home.
When the job was completed and he and I stood and looked at the pile of left over wood which was at my house, I offered him $200 for his half of the leftover wood. He said he would like to get more for the wood. I offered him $300 and he agreed that was an acceptable value. He said he would contact me about what goods or services he would like to apply his $300 to, when he figures out what he would like have. I agreed.
About 8 mo later Mr. X came to my shop and told me and my wife that his wife would like me to build an entertainment center and apply the $300 credit that they have to the project. I agreed and said I would call them soon to get together and look at their plan or picture of the cabinet and give them an estimate. About a week later, I made an appointment with them, and they showed me a drawing of what the wanted for an entertainment center. We discussed the specifications of how they would like the cabinet to be built. We concluded and agreed that I would call them soon when I have an accurate estimate of the total cost of the cabinet. A few days later, I called Mrs. X and gave her the estimate for the cabinet.. The cabinet would coast them $ 350 Plywood, $441 solidwood. She listened to the estimate and said fine and that they would contact me . A few days later, Mr. X called me complaining that the estimate for the entertainment center was more than the $300 that I owed them. I explained the reasons for the cost of the cabinet 5.5'tall 3'wide, 2' deep front is all doors), and suggested ways that we could reduce the overall cost. He insisted that I make his entertainment for exactly $300. I explained that I cant do that since I estimated the cabinet at 16hr labor plus the materials, and it totals up to $ XXX. He said to me that "I was just trying to [uck] him". I told him that their is no reason to talk to someone like that. He continued to be insulting. I told him to just come get his half of the wood, good by.

I was served with a civil warrant stating $2960 for previous agreement + Court cost
Property about 1 acre.
About 1/3 ac in trees
Trees in swamp were very low grade trees, maple, red/white oak, gum, poplar
Sawmilled about 1000bf (500bf each)
Total work time on his lot about 10 days
I did other free tree clearing work just to help him out
We used my backhoe, my knuckle boom truck to skid and load

JIM

Ron Wenrich · April 21, 2003, 06:05:05 PM

I guess it is safe to guess there was no contract.

How did he come up with a value of $2960 for what was cut?

I'm guessing that the most you would be liable for is the $300, since everything else was carried out via your verbal contract. He got goods in return, so he can't get it all.

A forester will be able to measure the stumps and give you a volume and value. Then, you're going to have to figure this "half for me & half for you" stuff out. I believe the forester might be more expensive than the $300.

Small claims court? I'd like to see Judge Joe Brown on this one.

solidwoods · April 21, 2003, 06:55:17 PM

Thats correct, no writen contract just verbal agreement*.
$2960 I don't know what that is? It is just on the summons.
Evidently, we can tell a judge anything and he will use the power of the court to call you in. Which is fine by me as long as brings the hammer down on liars.
I tried to pay the $300 but Mr X has a problem with reality.

JIM