
Dang if that ain't a breath of fresh air! Thank you, John!
For those of you that aren't aware, in the US court systems an oral contract is just as legally binding as a written one. Period. Yes, they are generally harder to prove but that doesn't reduce the legality of them.
I think it's safe to say that a contract for services was agreed upon by both parties, even though one party now disputes the
price of that contract.
It appears to me that Kely has proven her e-mail to be genuine where David has yet to do so. Therefore, the contract is still very much alive and remains in effect until they actually receive some form of contact from David cancelling their service. Merely posting a cancellation notice in the middle of a 150-page forum discussion is NOT acceptable by any stretch of the imagination in the legal sense.
If the Kordeks wanted to really rack up the charges they can resume fulfilling their contract, man a booth at their show for Reptster and righfully pursue the matter in a court of law. (For the record, I don't advise that. I'm just simply saying that they have a legal right to do so. And with the judges on today's benches, anything's possible.)
Seamus,
With all due respect & nothing personal, I believe you've got the cart miles ahead of the horses. I believe the Kordeks have stated their claim that they are owed $750. That is par for course in legal filings. It appears to me that what you are seeking is a settlement amount, but I feel that it's premature.
In court cases, which I do consider this exact scenario to be, settlements are only sought after an aknowledgement of funds owed, OR, they are sought as a means to settle a difference, period. However, they are traditionally sought by defendant, which in this case is David Young.
While I can see, and admire, neutral parties seeking a settlement figure, I can't help but feel that the bottom line is that it's doing the dirty work for David. That, I do not agree with. Let David deal with it. It's rather obvious to anyone/everyone reading this David has no intentions whatsoever to settle this matter. So I say,
"Let the coals burn where they lie." And I say that without partiality.
For those few of you that have thrown out shameless, baseless allegations, insults, and other derogatories, unless you know Kelly Kordek and/or David Young personally (which I do not), I'm trying to figure out where you're coming from. Some people are obviously getting emotionally involved. Conspiracy theories & criminal pasts? Chill out, take a step back & think before you post that message. These are the things that turn a 2-page Good Guy/Bad Guy thread into a novel.
Alan Belcher,
I don't know you. I've got to be honest with you. That potshot you took at Kelly was totally uncalled for and really, really, makes you look bad.
You see, I'm a potential customer of yours. Potential customers read these forums and even though you're caught up in the heat of the moment and specifically talking to someone else, we interpret it as a generalized statement. That's the way it is.
I've read all the threads here about you. Did that many moons ago. But I'm one of the fairest, nonjudgmental, people you'll ever meet. I've kept an open mind about you, willing to find out on my own. I observed you at Repticon Atlanta a few months ago. I looked at your animals, I watched & listened to how you dealt with people. The following week I gave you a plug in a message to two fellow snake enthusiasts based on what I saw.
Here's the kicker, Alan. If that Atlanta show was this coming weekend instead of two months ago, after reading that potshot you took at Kelly, you'd a never got the chance. I wouldn't have slowed down or even looked at your table, your animals, or you. But because of what I did see, and my understanding of how we all can get caught up in things, I will most likely still give you the benefit of the doubt. Somewhat, at least.
Is there any possible way that this thread can go from here on out without any personal attacks on the Kordecks, David Young, and/or anyone else posting? What happened to "class"? If you forgot what it looks like, read Kelly Kordek's posts. She has been a class act.
Can't people disagree without hating? Can't we have two friends, even though they may not get along with each other?
Now, back to the FACTS................
Have a good one!
Michael Sanders