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help! do I appeal

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ninalou

Member
pa: I own a sm horse farm. I work with # of farmers to buy hay/straw. 2 years ago I bought a 2 year supply of straw from 1 farmer. He delivered it & stacked it in my barn. This year, I requested the same arrangement. I agreed to provide help for him when stacking the hay in my barn.
I confirmed this information with him 3 times. We agreed upon $2.50/bale. When he brought the hay to me he left 200 bales in my driveway. I had to manually move the hay up a 32' long/7' high bank into storage. He had a farmhand deliver the load - who stated they were NOT helping me stack, and what should I expect for $1.50 bale. (My neighbor heard this.) I then receive a bill for $2.50 per bale.

He made a mess of my property by leaving the hay everywhere (I have pics) He damaged part of my barn when the hay fell over. I sent him a check for $1.50 - with a letter explaining why I was not paying him the full amount and how I had to pay others to help me stack.

He sued me in sm. claims & won.
He had no documentation - I did. I had witnesses too - yet the judge refused to let them speak or to see my doc. (They would have testified to the damage on my property as well as hearing the "$1.50 per bale statement.")

Should I appeal? Do I stand a chance? THis man knew what he did to me was wrong and is purposely being spiteful bc I am a single woman. I know if I had a husband, that hay would have been stacked in my barn.
 


vrzirn

Senior Member
The losing defendant in Small Claims Courts may file an appeal in the Superior Court of Small Claims. You do not need an attorney, although you may be represented by one if you chose. If you win this time, you may ask for attorney fees to be awarded to you.If you lose and he has attorney, you may have to pay for his lawyer.
If farmer had documentation that last time you paid $2.50, it seems unlikely that you would get the hay for $1.50 now. The stacking in your barn was probably a one-time favor.
 

ninalou

Member
Thanks for your response. The last time, I paid $2.00 for straw to be delivered & stacked in my barn. It is actually a "given" for farmers to put the hay away when they bring it in bulk. This guy pulled a fast one.

I was told that I didn't win bc I did agree to pay $2.50 per bale. However, I was also told I should file a counter suit for breech of contract. Ironically, the judge did ask me if I filed anything agaist him . . .

Which is probably what I will do now. Thanks again for your response.
 

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