Legal Question in Civil Litigation in Illinois
I contacted a tree service to do some work under the condition that I get all the firewood and mulch from the job. After months of waiting, they finally came and completed the job but did not leave mulch or the firewood from the trees. I have this documented through email and there was no contract. Months later I still have no mulch or firewood and he has now billed me. Do I have to pay the full amount or can I deduct the amount for the firewood and mulch that I never received?
1 Answer from Attorneys
You either have a written, oral or implied contract. In any event those emails help you prove the terms of the contract concerning the firewood and mulch. You can withhold reasonable value of the firewood and mulch from your payment. However, you may get a lien or lawsuit in response and have to prove your right to do what you did.
Shell Bleiweiss
http://www.shell-bleiweiss.com