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View Full Version : Victory Is Mine Again


befnme
02-25-2006, 12:43 AM
well imagine that ................. i posted a week or so ago that my contract was broken by a national auto parts chain :

http://www.lawnsite.com/showthread.php?t=133727

well i am sitting here on my pc tonight and get a call from a number i dont know about 7:30 pm. on the other end is the manager of that store. you see i sent them a nice certified letter that outlined " again" the scope of the contract and what i thought was a fair settlement . any way he commences to tell me that the huge company that took over was not living up to their end of the bargain .and that the corporate office was very upset with them and also that i did a way better job than them. so he asked me to fulfill my contract with them and that they would give me the entire district to do .about 10 stores .so i took it .i figure why not they know a local co. is always better than a nationwide co.

Green-Pro
02-25-2006, 12:59 AM
congrats with the win and good luck on the bigger contract.

Willofalltrades
02-25-2006, 01:09 AM
Nice! I was trying to get a Power washing job with a chain of tire stores around here and it didn't really happen. Congrats on your win.

firefightergw
02-25-2006, 01:20 AM
At-a-boy! Good Job!

sikagrass
02-25-2006, 02:34 AM
Cant beat that going from one extreme to the other. Congrats for not just rolling over.

cush
02-25-2006, 10:16 AM
Way to stcik with it. Despite most people's opinion I still belive quality and service mater, and to a lot more people than you think!

P & L Turf
02-25-2006, 01:04 PM
Good for you. Glad to hear things like that. Good luck.:drinkup:

brucec32
02-25-2006, 08:25 PM
The grammar here is often so bad that it's hard to understand exactly what is being described through some of the threads, but can one assume that you've just agreed to do MORE business with a corporation that a) fired you to find someone cheaper b) didn't show you the respect of even giving you proper notice, and c) tried to weasel out of a signed contract with their agent because they thought they found a better deal?

I'm rusty on agency law but I'm pretty sure that if someone is set up to appear as an authority to sign agreements (eg: manager of a store) that they are acting as an agent and the agreement stands.

If so, my guess is that you'll be back here later describing an unhappy ending again. Scumbags rarely improve their behavior. I suspect that their attorney told them they're on the hook for the balance due anyway and they burned their bridges with the new company because they had to back out of that agreement to avoid double-paying for the work, so now they need you for the other work they need done.

Agency law on apparent agency:

Apparent or ostensible authority:
If the Principal's words or conduct would lead a reasonable person in the Third Party’s position to believe that the Agent was authorized to act, say by appointing the Agent to a position which carries with it agency-like powers, those who know of the appointment are entitled to assume that there is apparent authority to do the things ordinarily entrusted to one occupying such a position. If a Principal creates the impression that an Agent is authorised but there is no actual authority, Third Parties are protected so long as they have acted reasonably.

QualityLawnCare4u
02-25-2006, 08:30 PM
The grammar here is often so bad that it's hard to understand exactly what is being described through some of the threads, but can one assume that you've just agreed to do MORE business with a corporation that a) fired you to find someone cheaper b) didn't show you the respect of even giving you proper notice, and c) tried to weasel out of a signed contract with their agent because they thought they found a better deal?

I'm rusty on agency law but I'm pretty sure that if someone is set up to appear as an authority to sign agreements (eg: manager of a store) that they are acting as an agent and the agreement stands.

If so, my guess is that you'll be back here later describing an unhappy ending again. Scumbags rarely improve their behavior. I suspect that their attorney told them they're on the hook for the balance due anyway and they burned their bridges with the new company because they had to back out of that agreement to avoid double-paying for the work, so now they need you for the other work they need done.

I hope that Im wrong here but got to agree with Bruce32 on this one. If I am wrong then congrats to you. Let us know how it turns out in the future.

befnme
02-26-2006, 04:38 PM
The grammar here is often so bad that it's hard to understand exactly what is being described through some of the threads, but can one assume that you've just agreed to do MORE business with a corporation that a) fired you to find someone cheaper b) didn't show you the respect of even giving you proper notice, and c) tried to weasel out of a signed contract with their agent because they thought they found a better deal?

I'm rusty on agency law but I'm pretty sure that if someone is set up to appear as an authority to sign agreements (eg: manager of a store) that they are acting as an agent and the agreement stands.

If so, my guess is that you'll be back here later describing an unhappy ending again. Scumbags rarely improve their behavior. I suspect that their attorney told them they're on the hook for the balance due anyway and they burned their bridges with the new company because they had to back out of that agreement to avoid double-paying for the work, so now they need you for the other work they need done.

Agency law on apparent agency:

Apparent or ostensible authority:
If the Principal's words or conduct would lead a reasonable person in the Third Partyís position to believe that the Agent was authorized to act, say by appointing the Agent to a position which carries with it agency-like powers, those who know of the appointment are entitled to assume that there is apparent authority to do the things ordinarily entrusted to one occupying such a position. If a Principal creates the impression that an Agent is authorised but there is no actual authority, Third Parties are protected so long as they have acted reasonably.

1) yes i did agree to go back and fulfill my contract .
2) no they didnt dump me for a cheaper company they actualy charge them more than i do.
3) they asked me to come back because the other company isn't fulfilling their obligations . example. they only mow and trim no blow or edge.
4) i think they learned their lesson on trying to streamline a service like lawncare. i dont forsee another problem in the future .
5) sometimes you have to actualy sample the grass on the other side to realize it isn't always greener......