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breach of contract refund?

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zeids1

Junior Member
What is the name of your state? Pennsylvania

I signed a contract and was paid in advance for the sale of 39 cherry trees, which was clearly stated on the contract. When the logger came in, one of the first trees to cut was a large black walnut. I told them to leave. They did. I have proposed a settlement for the black walnut. I have no intentions of letting them continue. Do I need to return the money paid in advance for the 39 trees they were to cut or is it nonrefundable due to them breaching the contract. They have 13 cherry trees cut and laying on my property + the black walnut. Are they entitled to those also?
 


shortbus

Member
If they cut the black walnut in error, that's a partial contractual breach, not a total breach. Meaning, you cannot consider the contract void. They owe you some compensation for cutting down the wrong tree, but otherwise the contract remains in force -- you have to sell the 39 cherry trees at the price negotiated.

Regardless of whether it's a partial or total breach, you don't get to keep their money as a means of 'punishing' them. You're entitled to compensation for your damages, that's it.
 

zeids1

Junior Member
thank you for the info. Unfortunately I was hoping to have the contract void. Had we not been home, our entire property would have been clear cut. The man we had signed the contract with had given the cutter orders to cut everything over 14" (not just the 39 trees noted on the contract) Can I request to have an addendum added to the contract then specifying my "terms". They had damaged several trees as well as ran over smaller trees to get to the larger ones. There is nothing in the contract stating they can/cannot do that. I would like to add in the contract that they would be liable for any/all trees damaged during the removal of the trees. Or can I tell them to take the 14 trees they had cut and give them money back for the 25 trees they didnt take?


Thanks again for your help. I appreciate your time!
 

shortbus

Member
What "would have" happened is irrelevant. You can only get reimbursed for actual damages you incur.

They are liable for any other trees they damage that they could've reasonably avoided.

Given the damage & other complications, you may well be able to get them to voluntarily end the contract now (after 14 trees) but as a matter of contract law, the tree buyer can probably enforce the agreement as written.
 

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