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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 just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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