Company’s offer to replace driveway an enforceable agreement

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The Indiana Court of Appeals reversed a small claims judgment in favor of a concrete company regarding whether the company had to follow through on replacing a driveway for a customer who was unhappy with the work a year later.

David Vance hired Rock Solid Concrete Inc. and Francisco Lozano to do concrete work at his home in the summer of 2009. In December 2010, Vance complained that the driveway had some pitting and scaling. Rock Solid believed their work was not defective and a third-party inspected the driveway. In a non-binding decision, the concrete testing company determined that the damage was due to indirect salt application when snow would melt from cars onto the driveway.

Rock Solid offered to power-wash the driveway and seal it as a one-time customer accommodation, but Vance rejected the offer. In June 2011, the two parties agreed that Rock Solid would try to replace the driveway by the end of August 2011. When no work had begun by that date and the company didn’t respond to Vance’s inquiries, he filed suit in September 2011.

The small claims court found the company made a goodwill gesture that wasn’t an enforceable contract, but the Court of Appeals ruled the parties entered into an enforceable agreement. The agreement settled their dispute as to the cause of the damage to the driveway and the agreement’s purpose was to avoid litigation, Judge Nancy Vaidik wrote in David Vance v. Francisco Lozano, et al., 02A03-1203-SC-142.  
The settlement of a doubtful claim is sufficient consideration for a compromise if the claim is made fairly and in good faith, even if possibly meritless, she continued. There’s no evidence that Vance hasn’t acted fairly or in good faith.  



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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.