Big Muddy Excavating

Initial Business Response /* (1000, 7, 2015/06/16) */
The complainants stopped me as I was hauling topsoil for their neighbor. They advised me that they wanted three loads of topsoil. I advised them that it was two hundred dollars per load but I would deliver them three loads for five hundred...

dollars. I advised them to look at the topsoil I just dumped at their neighbors and make sure this is what they wanted. They went and inspected it and said that it was to their quality of standard and showed me where to put their three loads. Their neighbor witnessed the complete conversation and loaded the three loads on my truck and rode with me to deliver it. We dumped the three loads of topsoil exactly where they instructed me. I received a phone call about a week later by the wife stating the loads were not big enough and her husband wanted to speak to me about it. I stopped by their house and the husband told me he did not like the quality of the dirt and hauled it off and felt like he only owed me two hundred fifty dollars. I asked him why he did not contact me about the dirt and he said he had a friend who had a hole he was trying to fill-in and just rented a trailer and hauled it over there. He stated that he assumed I was too busy and would not want to mess with it. He instructed me that he had to rent a dump trailer and do all the work himself so he only wanted to pay half. I told him he should have contacted me and I would have came back and picked the topsoil up. I told him he still owed me for the topsoil since he used it but he said he felt like he should only pay half. I told him that was unacceptable since he looked at the topsoil before I delivered it and approved of the quality and I delivered the three loads. The response they sent my attorney they admitted to being delivered "load's" of dirt and in the complaint to the Revdex.com they stated "load". There is pending litigation in court as I have turned this over to my attorney. There is a bench trial set for 08/10/15. The case number is [redacted]