Written Contract - "no meeting of the minds"?

[Free_Advice]

To answer what work was done:

Two HVAC systems. Both Air Handlers (inside units) full of microbial growth. Coils 90% impacted. Units not cooling. Work involved pumping refrigerant out of both, cutting out the coils, removing the blowers, removing all water soaked insulation. Compelete cleaning of all parts, re-insulating, reinstalling coils, recharging both systems, testing for leaks, etc.

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This SC court was absolutely "wild west" anything goes. Judge allowed testimony from a neighbor that wasn't even present, psuedo "expert" testimony from same, because he took a class once, etc.

Clerk indicated that judges reasoning for "no meeting of the mind" was because client did not understand the contract. Def never said that once. Def claim was he was overcharged and taken advantage of because of his age.

Well, that's a lot of work. So you wish to address the court's viewpoint of the no meeting of the mind's reason.

Go to google scholar and find out what courts have ruled on this aspect. If the defendant never claimed he did not understand the contract then the judge misapplied the law in this regard & this is where a new trial motion may succeed.

was there any transcript taken? you'll need it if so.

I think you got a judge who was sympathetic to the defendant ~ plead how you saved the defendant money (vs buying a new system(s)) -- maybe that will swing the judge the other way.

 

[zigzag930]

Thanks to all for advice. Motion has been filed for reconsider/rehear. Case law sited (as best I could find in the timeframe of TODAY!) Court decision 10/7. Arrives in mail today 10/17. 10 days to file motion..... We'll see what happens here.

 

[Free_Advice]

Thanks to all for advice. Motion has been filed for reconsider/rehear. Case law sited (as best I could find in the timeframe of TODAY!) Court decision 10/7. Arrives in mail today 10/17. 10 days to file motion..... We'll see what happens here.

Yes the time frame is calendar days, day 1 starting 10-8 in your case .. whew! You made it with 1 day to spare ... lucky dog.