1 00:00:00,567 --> 00:00:04,200 You wanted to buy a grain bin to put in your yard. 2 00:00:04,266 --> 00:00:05,934 [DiMango] It's called a binzebo. 3 00:00:06,000 --> 00:00:07,934 So I said, "When can you deliver it?" 4 00:00:08,767 --> 00:00:11,467 -Couple weeks. -But ultimately, you ghosted them. 5 00:00:11,533 --> 00:00:14,000 Well, I had, we had lined up to deliver it. 6 00:00:14,066 --> 00:00:17,734 -You don't respond for 12 days. -And your response, sir, 7 00:00:17,800 --> 00:00:22,433 was, "I'm going to be white about it and get you a refund." 8 00:00:22,500 --> 00:00:24,166 What does that mean? "I'm going to be white about it." 9 00:00:24,233 --> 00:00:27,367 I meant to say, "Do them right." I have a lot of typos. 10 00:00:27,433 --> 00:00:30,367 The bottom line here is they don't have anything from you yet. 11 00:00:30,433 --> 00:00:33,133 [narrator] Now, on Tribunal Justice... 12 00:00:55,033 --> 00:00:57,867 Today's case was filed in Windhom, Minnesota. 13 00:00:58,834 --> 00:01:03,533 Your Honor, this is Case #3067, Brevig and Brevig versus Cate. 14 00:01:03,600 --> 00:01:05,667 -Thank you, Cassandra. -You're welcome. 15 00:01:05,734 --> 00:01:07,033 [Britt] You may be seated. 16 00:01:07,100 --> 00:01:10,066 -Miss Brevig, Your first name is... -Trisha. 17 00:01:10,133 --> 00:01:12,867 Trisha, and Miss Brevig, your name is... 18 00:01:12,934 --> 00:01:14,533 -Destiny. -[DiMango] Destiny. 19 00:01:14,600 --> 00:01:18,600 So, you and your wife went to Mr. Cate's yard sale 20 00:01:18,667 --> 00:01:21,600 where he has antiques and other items for sale. 21 00:01:21,667 --> 00:01:24,265 I love this case, because this is something I've never seen before. 22 00:01:24,333 --> 00:01:26,400 You wanted to buy a grain bin. 23 00:01:26,467 --> 00:01:30,433 You were gonna pay $800 for it, and he said he would dismantle it 24 00:01:30,500 --> 00:01:33,633 and he would deliver it to you for free. And he never did. 25 00:01:33,700 --> 00:01:36,700 Actually, at some point, you said you were going to sue him, 26 00:01:36,767 --> 00:01:38,834 and that was the only time he made any effort 27 00:01:38,900 --> 00:01:41,200 to kind of do anything with you. At some point, 28 00:01:41,265 --> 00:01:45,600 he commented about your relationship, and you want him to return the $800, 29 00:01:45,667 --> 00:01:50,633 and you wanted the $70 filing fee, making this lawsuit for $870. 30 00:01:50,700 --> 00:01:55,767 Mr. Cate, what you say is that you would have delivered it, 31 00:01:55,834 --> 00:01:59,233 but you wanted to wait till the spring. They had agreed to do that, at first. 32 00:01:59,300 --> 00:02:02,233 They thought that you didn't like lesbians, 33 00:02:02,300 --> 00:02:05,400 but you made some stupid comments, and that's not true. 34 00:02:05,467 --> 00:02:08,199 Then, when they wanted their money back, you said, "Forget it. 35 00:02:08,265 --> 00:02:12,433 I'm not doing this. Sue me." And here you are being sued. 36 00:02:12,500 --> 00:02:13,433 -That's fine. -[DiMango] Sometimes, we get 37 00:02:13,500 --> 00:02:14,533 what we ask for. 38 00:02:14,600 --> 00:02:17,100 I love-- You got to put up the grain bins. 39 00:02:17,166 --> 00:02:20,000 Wherever we are. Let's do first 01. 40 00:02:20,066 --> 00:02:22,633 [DiMango] This is what you were buying for $800, right? 41 00:02:22,700 --> 00:02:23,700 -[Destiny] Correct. -[DiMango] Now most people would look 42 00:02:23,767 --> 00:02:25,533 and say, "What are they, crazy? 43 00:02:25,600 --> 00:02:26,500 -Where they gonna put that thing?" -[laughter] 44 00:02:26,567 --> 00:02:29,433 [DiMango] And this is to put in your yard. 45 00:02:29,500 --> 00:02:31,700 It's called a binzebo. Is that correct? 46 00:02:31,767 --> 00:02:33,834 -Yes, Your Honor. -[DiMango] Maybe it's a little soon, 47 00:02:33,900 --> 00:02:35,633 but I want to see it myself Let's put it up. 48 00:02:35,700 --> 00:02:39,200 Oh-eight, look at that. I like the whole idea of that. 49 00:02:39,266 --> 00:02:41,900 [Destiny] Just, that is actually just like an inspiration photo 50 00:02:41,966 --> 00:02:44,066 -of what we want to do with one. -[DiMango] Oh! 51 00:02:44,133 --> 00:02:46,133 -Yeah, yeah. -You still have their bin? 52 00:02:46,200 --> 00:02:48,367 -Yes, ma'am, I do. -Have many have you sold before? 53 00:02:48,433 --> 00:02:50,033 About thirty, forty of them. 54 00:02:50,100 --> 00:02:52,834 [DiMango] Wow. And is that the going rate, $800 or-- 55 00:02:52,900 --> 00:02:56,200 Much more. Much more. If I dismantle one, palletize it, and ship it, 56 00:02:56,266 --> 00:02:58,934 I get anywhere from $1,800 to $2,200. 57 00:02:59,000 --> 00:03:00,800 So why'd you give them such a good deal for, uh, if you say-- 58 00:03:00,867 --> 00:03:03,600 Uh, they were local, they were there, they had cash. 59 00:03:03,667 --> 00:03:06,767 Um, you know, and I wasn't going to have to do any shipping, really. 60 00:03:06,834 --> 00:03:08,700 So I threw in the shipping for free. 61 00:03:08,767 --> 00:03:11,166 You bought some other things. I know you bought a door for something. 62 00:03:11,233 --> 00:03:12,300 Was it for this? 63 00:03:12,367 --> 00:03:15,200 -No, it was, uh, for inside of our home. -[DiMango] Like a barn door? 64 00:03:15,266 --> 00:03:17,800 Yes, with a lot of glass windows. Very beautiful. We have it on our home. 65 00:03:17,867 --> 00:03:20,233 That's nice. I would like to have seen a picture of that, too. 66 00:03:20,300 --> 00:03:22,734 [DiMango] So you give him a check for $1,000, 67 00:03:22,800 --> 00:03:23,767 which we have a copy of. 68 00:03:23,834 --> 00:03:26,200 And this is the end of September, September 28th 69 00:03:26,266 --> 00:03:27,367 that you make this purchase. 70 00:03:27,433 --> 00:03:30,567 And then right away you send him a message saying, "Hey, listen, 71 00:03:30,633 --> 00:03:33,100 when can we get this? We're going to go away for a couple of weeks." 72 00:03:33,166 --> 00:03:36,333 And that's what causes a little bit of discrepancy. 73 00:03:36,400 --> 00:03:38,533 [DiMango] You say, "Can we get it before or after?" 74 00:03:38,600 --> 00:03:41,767 And you say, "I'll deliver it when you get back from your trip." 75 00:03:41,834 --> 00:03:42,834 -Uh... -[DiMango] So now, in your head, 76 00:03:42,900 --> 00:03:44,667 you're thinking you're going to get this in two weeks. 77 00:03:44,734 --> 00:03:46,867 In his head, he's not thinking anything like that. 78 00:03:46,934 --> 00:03:49,333 It seems, um, based on the fact that you're all here. 79 00:03:49,400 --> 00:03:52,734 So, then periodically you say, "Can you get back to us? 80 00:03:52,800 --> 00:03:55,300 We haven't heard from you." And his answer to you is, 81 00:03:55,367 --> 00:03:59,667 "Hey, listen, it's my busy season, and it's when the harvest is done." 82 00:03:59,734 --> 00:04:02,300 Now, when is, generally, when is the harvest done? 83 00:04:02,367 --> 00:04:04,533 -Usually by November. -[DiMango] November? 84 00:04:04,600 --> 00:04:07,266 And by then the ground was froze. 85 00:04:07,333 --> 00:04:10,433 So it'd be difficult to drive stakes into the ground to chain it down. 86 00:04:10,500 --> 00:04:12,967 And then you're talking about the winds being very windy. 87 00:04:13,033 --> 00:04:15,066 And why would that matter in this case? 88 00:04:15,133 --> 00:04:18,200 Uh, the wind will catch it and it'll fly just like a kite. 89 00:04:18,266 --> 00:04:20,000 And it's metal, of course. 90 00:04:20,065 --> 00:04:23,800 So it's, you know, dangerous for the guys doing it and the integrity of the bin. 91 00:04:23,867 --> 00:04:25,767 -But they understand, right? -Correct. 92 00:04:25,834 --> 00:04:28,033 They say to you, you know, "Thanks for letting us know." 93 00:04:28,100 --> 00:04:31,734 So they still want to know. We're into October, into November. 94 00:04:31,800 --> 00:04:36,800 And then, you know, they start to be a little bit more persistent with you. 95 00:04:36,867 --> 00:04:40,266 Correct. Then there's-- throughout the process 96 00:04:40,332 --> 00:04:44,166 there's about a two week delay in between quite a few messages. 97 00:04:44,233 --> 00:04:47,233 Um, so, towards, I think it was November 4th, 98 00:04:47,300 --> 00:04:50,834 is finally when we said, you know, "If we don't get this, 99 00:04:50,900 --> 00:04:52,800 we're going to have to ask for our money back." 100 00:04:52,867 --> 00:04:54,166 He never replied after that. 101 00:04:54,233 --> 00:04:58,100 And it was then our next message saying, "We really have no choice but to take this 102 00:04:58,166 --> 00:04:59,867 -to small claims." -[DiMango] And now things 103 00:04:59,933 --> 00:05:02,233 -start to get ugly. -[Destiny] Correct. Correct. 104 00:05:02,300 --> 00:05:04,467 -Yes. -Now, everybody's edgy. 105 00:05:04,533 --> 00:05:07,200 And you can't understand why they can't wait, 106 00:05:07,266 --> 00:05:10,767 because your feeling is they can't put it together now, anyway. 107 00:05:10,834 --> 00:05:12,867 The ground's too hard and all of that. 108 00:05:12,934 --> 00:05:14,533 And how do you get it to their home? 109 00:05:14,600 --> 00:05:16,467 Uh, on a flatbed hauler truck. 110 00:05:16,533 --> 00:05:19,600 Uh. Dismantle it in two halves or all apart, 111 00:05:19,667 --> 00:05:21,967 which I tried to talk to them about, also. 112 00:05:22,033 --> 00:05:23,533 Even tried to get him involved in it. 113 00:05:23,600 --> 00:05:26,800 If they come up, we could take it apart so they know how to put it back together. 114 00:05:27,500 --> 00:05:28,767 [DiMango] But you wanted them to come 115 00:05:28,834 --> 00:05:30,967 back to where you were so they could watch you take it apart, 116 00:05:31,033 --> 00:05:32,066 -to put it back-- -I offered that. 117 00:05:32,133 --> 00:05:33,433 -I offered that. -Your Honor... 118 00:05:33,500 --> 00:05:35,166 [DiMango] Did you want to do that? That would have been interesting. 119 00:05:35,233 --> 00:05:38,033 It was never mentioned. Throughout his text messages, 120 00:05:38,100 --> 00:05:41,433 he tells us, "Hey, I haven't seen you offer come to help." 121 00:05:41,500 --> 00:05:44,066 And it's just like that was never the agreement. 122 00:05:44,133 --> 00:05:47,633 I meant I wanted to do that with them so that I want a happy customer. 123 00:05:47,700 --> 00:05:52,133 All right, so now we get to you saying you're not going to let them 124 00:05:52,200 --> 00:05:55,066 push you around. And they say to you... 125 00:05:55,533 --> 00:05:59,133 -What? -We want the bin or the $800. 126 00:05:59,200 --> 00:06:01,300 -[DiMango] The $800. -They have threatened me 127 00:06:01,367 --> 00:06:03,500 that they worked for the law enforcement agency. 128 00:06:03,567 --> 00:06:05,734 Okay, so I see-- that's in here. I have that here. 129 00:06:05,800 --> 00:06:08,700 [DiMango] Now I think it was a threat, too, personally. 130 00:06:08,767 --> 00:06:11,800 But, you know, she's saying my wife works for the Sheriff's Office. 131 00:06:11,867 --> 00:06:12,967 -Right? -Correct. 132 00:06:13,033 --> 00:06:15,567 And then you get testy, say, "Oh, don't threaten me." 133 00:06:15,633 --> 00:06:16,834 And they say, "We're not threatening you. 134 00:06:16,900 --> 00:06:19,467 I'm just letting you know this isn't a criminal matter. It's a civil matter." 135 00:06:19,533 --> 00:06:22,600 So yeah, but the bottom line was you had their $800, 136 00:06:22,667 --> 00:06:24,200 and they don't have anything from you yet. 137 00:06:24,266 --> 00:06:28,734 What do you say in response to, "We want the bin or the money"? 138 00:06:28,800 --> 00:06:31,000 What kind of stupid thing do you say now? 139 00:06:32,233 --> 00:06:34,767 [narrator] Coming up, on Tribunal Justice... 140 00:06:34,834 --> 00:06:38,300 The real sticking point here was the $70 for filing fees. 141 00:06:38,367 --> 00:06:39,800 -Mm-hmm. -What happened, sir, 142 00:06:39,867 --> 00:06:43,600 when they said to you, "Give me the $870 for the filing fee"? 143 00:06:46,633 --> 00:06:48,233 [theme music playing] 144 00:06:48,834 --> 00:06:52,900 [narrator] Trisha and Destiny Brevig are suing Daniel Cate for $870, 145 00:06:52,967 --> 00:06:56,967 the amount paid for a grain bin they wanted to turn into a backyard binzebo 146 00:06:57,033 --> 00:06:58,900 plus court filing fees. 147 00:06:58,967 --> 00:07:01,567 But Daniel claims they knew delivery would take months. 148 00:07:01,633 --> 00:07:05,000 They breached the agreement, so he owes nothing. 149 00:07:05,066 --> 00:07:09,367 What do you say in response to, "We want the bin or the money"? 150 00:07:09,433 --> 00:07:12,000 But what kind of stupid thing do you say now? 151 00:07:12,066 --> 00:07:14,767 I was only-- I had asked who wore the pants in the family? 152 00:07:14,834 --> 00:07:17,467 No, that's not the-- that's the second stupid thing you said. 153 00:07:17,533 --> 00:07:22,734 The first stupid thing was, "Let me guess, you're voting for the lady?" 154 00:07:22,800 --> 00:07:24,767 -Yup. -[DiMango] "Just kidding." 155 00:07:24,834 --> 00:07:27,633 That's what he says. I mean, you wipe that one off pretty quick. 156 00:07:27,700 --> 00:07:30,000 I mean, the point is, they're not bothered by that. 157 00:07:30,066 --> 00:07:31,633 Nobody's bothered by that. 158 00:07:31,700 --> 00:07:34,800 But it's just like now you're getting to a point where it's, now it's personal 159 00:07:34,867 --> 00:07:36,200 -between all of you. -Right. 160 00:07:36,266 --> 00:07:39,332 Um, you're telling them, "Just do what you think is right." 161 00:07:39,400 --> 00:07:43,000 And meanwhile, you're going to continue to disassemble and mark the pieces 162 00:07:43,066 --> 00:07:45,000 and deliver it. Although, I do know now 163 00:07:45,066 --> 00:07:47,332 that you didn't do that yet, but it didn't seem to me 164 00:07:47,400 --> 00:07:49,166 he wasn't going to do this. 165 00:07:49,233 --> 00:07:51,433 I think it wasn't going to be on your timeline. 166 00:07:51,500 --> 00:07:55,033 And the more it wasn't on your timeline, the more frightened you became 167 00:07:55,100 --> 00:07:57,467 that he was really not who you believed he was 168 00:07:57,533 --> 00:07:58,867 -when you first made the transaction-- -[Destiny] Yes. 169 00:07:58,933 --> 00:07:59,900 [DiMango] and the deal. 170 00:07:59,967 --> 00:08:03,433 When we first initially talked to him, he said, because I said, 171 00:08:03,500 --> 00:08:06,734 "When can you deliver it?" "Couple weeks." 172 00:08:06,800 --> 00:08:08,333 [DiMango] I never saw that. I'm going to tell you-- 173 00:08:08,400 --> 00:08:10,233 No, when we were in his house the first time. 174 00:08:10,300 --> 00:08:12,967 If it would have been spring, which she's claiming, 175 00:08:13,033 --> 00:08:15,667 -[DiMango] Mm-hmm. -we would have never paid him in full. 176 00:08:15,734 --> 00:08:17,166 Never gave him the full amount of money. 177 00:08:17,233 --> 00:08:19,967 See, I think there was just a total lack of communication. 178 00:08:20,033 --> 00:08:22,600 The bottom line here is, do you still want it? 179 00:08:22,667 --> 00:08:24,166 -No. -You don't want it anymore. 180 00:08:24,233 --> 00:08:27,767 I mean, I really do, but I don't trust it. 181 00:08:27,834 --> 00:08:31,033 But the real sticking point here was the $70 for filing fees. 182 00:08:31,100 --> 00:08:32,232 -Mm-hmm. -Yes. 183 00:08:32,299 --> 00:08:35,767 What happened, sir, when they said to you, "Give me the $870 184 00:08:35,834 --> 00:08:38,066 -for the filing fee"? -Well, I had we had lined up 185 00:08:38,133 --> 00:08:41,000 to deliver it. Um, I told them I was stopping everything, 186 00:08:41,066 --> 00:08:43,533 getting my crew. We were going to put it on a truck and bring it, 187 00:08:43,600 --> 00:08:46,333 and we had already had everything lined up. 188 00:08:46,400 --> 00:08:49,233 And that's when Tricia said that she wanted eighty 189 00:08:49,300 --> 00:08:51,367 eighty, seventy, eighty more dollars more. 190 00:08:51,433 --> 00:08:53,233 -[DiMango] Seventy. -And I just, I said, "Hey, 191 00:08:53,300 --> 00:08:55,233 I'm going all out on the limb. I'm stopping everything. 192 00:08:55,300 --> 00:08:58,100 We're going to deliver it for you." And she wouldn't do it. 193 00:08:58,165 --> 00:09:01,533 Your Honor, it's... we did not have anything set. 194 00:09:01,600 --> 00:09:05,333 He offered to deliver. It was January 4th. 195 00:09:05,400 --> 00:09:07,533 -[DiMango] That's right. -Two months since the last time 196 00:09:07,600 --> 00:09:10,066 we have talked to him. And we sent the last message. 197 00:09:10,133 --> 00:09:11,367 He never sent anything back. 198 00:09:11,433 --> 00:09:15,633 Two months later, he says, "You want the bin, or do you want to go to court?" 199 00:09:15,700 --> 00:09:18,367 The only reason he talked to us two months later 200 00:09:18,433 --> 00:09:20,033 is I'm assuming he got his mail. 201 00:09:20,100 --> 00:09:23,600 Let me just make one final point here. What this is, is a breach of contract. 202 00:09:24,200 --> 00:09:27,367 The contractual agreement was, "We give you $800, 203 00:09:27,433 --> 00:09:31,133 you deliver us the bin for free." 204 00:09:31,200 --> 00:09:34,200 If they breached it, well, you keep the bin, the $800. 205 00:09:34,266 --> 00:09:37,165 If you breached it, they get back their money. 206 00:09:37,233 --> 00:09:40,600 Or the bin, if they wanted that. But I get it, they don't trust the bin. 207 00:09:40,667 --> 00:09:44,834 So the reality here is based on all of these messages and what you've said 208 00:09:44,900 --> 00:09:47,700 in here, who was the one that was first to breach this? 209 00:09:47,767 --> 00:09:49,600 And that's where we end this. 210 00:09:49,667 --> 00:09:51,667 -Judge Levy. -You know, I don't view this case 211 00:09:51,734 --> 00:09:54,400 as all that difficult. There was a little confusion. 212 00:09:54,467 --> 00:09:56,867 And where that confusion started... 213 00:09:56,934 --> 00:09:59,333 was on September 28, when... 214 00:09:59,400 --> 00:10:02,233 you saw an advertisement that the Defendant had posted 215 00:10:02,300 --> 00:10:04,500 on Facebook Marketplace. 'Cause you do that often? 216 00:10:04,567 --> 00:10:06,133 -Yes, Sir. -[Levy] So let's take a look at that. 217 00:10:06,900 --> 00:10:09,734 That is your Facebook marketplace ad, Mr. Cate? 218 00:10:09,800 --> 00:10:10,800 -Correct. -[Levy] Right. 219 00:10:10,867 --> 00:10:12,400 And when you saw it on that day, 220 00:10:12,467 --> 00:10:13,700 you're like, "Whoa, that looks pretty cool." 221 00:10:13,767 --> 00:10:15,567 September 28th, let's go take a ride. 222 00:10:15,633 --> 00:10:19,200 And then in a field is where you saw the bin that we had seen before. 223 00:10:19,266 --> 00:10:23,000 Yeah. I think I had just mentioned to him when we were checking out, 224 00:10:23,066 --> 00:10:24,400 "Are those grain bins for sale?" 225 00:10:24,467 --> 00:10:28,967 And he said, "I'll take it down, I'll dismantle it, I'll deliver it." 226 00:10:29,033 --> 00:10:32,533 -Eight hundred bucks. Sold. -[Levy] Well, hold on, not yet. 227 00:10:32,600 --> 00:10:35,467 -What the case is about is the delivery. -Right. 228 00:10:35,533 --> 00:10:39,667 The delivery date, because it's your position that a part of the contract 229 00:10:39,734 --> 00:10:43,165 was that it be delivered within two weeks or so. 230 00:10:43,233 --> 00:10:44,233 -Correct. -Correct. 231 00:10:44,300 --> 00:10:46,400 [Levy] And it's your position, if I understand you, Mr. Cate, 232 00:10:46,467 --> 00:10:48,233 that was never your understanding. 233 00:10:48,300 --> 00:10:52,233 Two weeks was nowhere discussed, and instead, you always had in your mind 234 00:10:52,300 --> 00:10:54,734 -it was going to wait until the spring, -Through the winter time. 235 00:10:54,800 --> 00:10:56,400 -Right. After the winter. -Conditions were right. 236 00:10:56,467 --> 00:10:58,333 -So March or April in the spring. -Correct. 237 00:10:58,400 --> 00:11:02,333 You heard them discussing that it was going to be put up in the spring, 238 00:11:02,400 --> 00:11:06,300 and in your mind, as busy as you were, no fault of your own, 239 00:11:06,367 --> 00:11:08,300 you just figured, that's when they want me to deliver it. 240 00:11:08,367 --> 00:11:10,600 Boop! I'm busy. I got until the spring. 241 00:11:11,066 --> 00:11:12,700 -Correct. -[Levy] And the only reason why 242 00:11:12,767 --> 00:11:15,266 I figured that out were the text messages. 243 00:11:15,333 --> 00:11:17,467 So I'm going to go through them, which is why I love them. 244 00:11:17,533 --> 00:11:18,467 Yes. 245 00:11:18,533 --> 00:11:24,300 Uh, Friday, October 4th is when you ladies sent to the Defendant a text saying, 246 00:11:24,367 --> 00:11:28,166 "We will be gone next week from Wednesday to Saturday." 247 00:11:28,233 --> 00:11:31,233 And to Judge DiMango's point about lack of communication, again, 248 00:11:31,300 --> 00:11:33,066 you're super busy. You got harvest, 249 00:11:33,133 --> 00:11:36,667 you don't respond for 12 days. Mhm... 250 00:11:36,734 --> 00:11:38,100 [dramatic music playing] 251 00:11:38,165 --> 00:11:40,667 [narrator] Coming up, on Tribunal Justice... 252 00:11:40,734 --> 00:11:42,165 I know you're probably feeling uncomfortable, 253 00:11:42,233 --> 00:11:44,233 because you never thought that you'd be in this situation 254 00:11:44,300 --> 00:11:46,934 where the judge was going to be a Black woman asking you, 255 00:11:47,000 --> 00:11:48,800 "What did you mean by saying 'I'm going to be white about it'?" 256 00:11:51,967 --> 00:11:53,567 [main theme playing] 257 00:11:54,165 --> 00:11:57,667 [narrator] Trisha and Destiny Brevig bought a grain bin from Daniel Cate 258 00:11:57,734 --> 00:12:01,500 to convert into a backyard binzebo, but Daniel never delivered it. 259 00:12:01,567 --> 00:12:06,900 They're suing for $870, money they paid for the bin and court filing fees, 260 00:12:06,967 --> 00:12:09,533 but Daniel said they knew delivery would take months. 261 00:12:09,600 --> 00:12:12,433 It's still there, so he owes nothing. 262 00:12:12,500 --> 00:12:14,867 October 14th, they text you back. 263 00:12:14,934 --> 00:12:17,567 "Hello, Dan. Just wondering if you had a timeframe 264 00:12:17,633 --> 00:12:19,767 that you would be delivering our binzebo?" 265 00:12:19,834 --> 00:12:22,133 No response from him for another two days. 266 00:12:22,200 --> 00:12:25,900 On October 17th, you sent a follow-up text. 267 00:12:25,967 --> 00:12:28,800 "I'm free for a call tonight if you're available." 268 00:12:28,867 --> 00:12:32,800 And you say, "Just got in. If you're up, give me a call." 269 00:12:32,867 --> 00:12:35,834 And you called right away, and there wasn't an answer. 270 00:12:35,900 --> 00:12:38,533 And then you called again, and there wasn't an answer, 271 00:12:38,600 --> 00:12:40,567 -Correct. -[Levy] Two days later 272 00:12:40,633 --> 00:12:42,367 is when you send them a text. 273 00:12:42,433 --> 00:12:44,834 "I'll start dismantling the bin tomorrow. 274 00:12:44,900 --> 00:12:48,934 Sorry, but the wind has been bad, and we haven't been able to work safely in it. 275 00:12:49,000 --> 00:12:52,233 Harvest is about done, so I'll be available." 276 00:12:52,300 --> 00:12:53,967 That was your text on the 19th. 277 00:12:54,033 --> 00:12:56,300 And they respond immediately in your text. 278 00:12:56,367 --> 00:12:59,934 It's not even like 2:50 and then 3 pm. It's at the same-- 279 00:13:00,066 --> 00:13:01,567 They're like so happy to hear from you. 280 00:13:01,633 --> 00:13:04,033 "I appreciate you letting me know and communicating with us. 281 00:13:04,100 --> 00:13:07,000 We understand it takes some time and you're busy. No worries. 282 00:13:07,066 --> 00:13:09,633 We have a spot for you." Bop bop, bop bop. "Thanks, Dan." 283 00:13:09,700 --> 00:13:12,033 And then no word from you again for 10 days. 284 00:13:12,100 --> 00:13:13,767 -[Destiny] Right. -And they're like, 285 00:13:13,834 --> 00:13:16,300 "Uh, I thought I had him. 286 00:13:16,367 --> 00:13:18,867 I thought, I thought we were going to be able to get that done." 287 00:13:18,934 --> 00:13:21,867 And again, you're super busy. This is your busy time of year. 288 00:13:22,533 --> 00:13:26,967 But, again, from their perspective, maybe he is going to take our money. 289 00:13:27,033 --> 00:13:30,300 I will tell you this, I'm a somewhat of a super sleuth. 290 00:13:30,367 --> 00:13:32,867 So I want to know what people are, who they are before they come in. 291 00:13:32,934 --> 00:13:35,767 I want to know if people have done shady things in the past. 292 00:13:35,834 --> 00:13:38,400 You know, if you've done something in the past, doesn't necessarily mean 293 00:13:38,467 --> 00:13:42,700 that you're doing anything right here, but I want to know if there's a history. 294 00:13:42,767 --> 00:13:43,967 There's no history with you. 295 00:13:44,033 --> 00:13:46,900 There's no other complaints about him. He's run a good business. 296 00:13:46,967 --> 00:13:50,033 Anything else, we'd be having a much different conversation right now. 297 00:13:50,500 --> 00:13:53,066 So I want to put that out there, but at the same time, 298 00:13:53,133 --> 00:13:56,066 after the seventh day on November 4th, you know, if we don't get an answer 299 00:13:56,133 --> 00:13:59,400 from you, we're going to have to start the process through the courts. 300 00:13:59,467 --> 00:14:00,867 And you responded that night. 301 00:14:00,934 --> 00:14:02,667 "Oh, my God, really? Go ahead." 302 00:14:03,433 --> 00:14:06,233 That was the breakdown. Do I have that right? 303 00:14:06,300 --> 00:14:08,200 -Absolutely. -[Levy] Judge Acker. 304 00:14:08,266 --> 00:14:11,633 It seems that the breaking point was your insistence 305 00:14:11,700 --> 00:14:14,934 that he not just give you the bin or your money back, 306 00:14:15,000 --> 00:14:17,533 -but you wanted that $70. -Absolutely. 307 00:14:17,600 --> 00:14:19,100 [Acker] Why were you stuck on that? 308 00:14:19,166 --> 00:14:21,600 Because we didn't hear from him for two months. 309 00:14:21,667 --> 00:14:23,667 So we had to drive to his county. 310 00:14:23,734 --> 00:14:28,266 We had to pay $70 to file, and only then did he communicate with us. 311 00:14:28,333 --> 00:14:30,367 But we had to pay $70 to even get to this point. 312 00:14:30,433 --> 00:14:31,867 So we wanted that $70. 313 00:14:31,934 --> 00:14:35,734 And your response, sir, was, "We'll just go to court. 314 00:14:35,800 --> 00:14:38,200 Not playing around. I'm a busy man. 315 00:14:38,266 --> 00:14:40,567 I feel like I bent over backward." 316 00:14:40,633 --> 00:14:44,100 How were you bent over backwards when they still don't have the property, 317 00:14:44,165 --> 00:14:46,734 and they're still out $800? 318 00:14:46,800 --> 00:14:50,867 Uh, 'cause when it came right down to it, I offered to deliver it right now to 'em. 319 00:14:50,934 --> 00:14:54,266 -I mean, I was over my busy time. -But things got so contentious. 320 00:14:54,333 --> 00:14:57,800 Because you continue in the text message, you say, "We'll see 321 00:14:57,867 --> 00:15:00,100 what the judge says either way. 322 00:15:00,166 --> 00:15:04,467 I'm going to be white about it and get you a refund 323 00:15:04,533 --> 00:15:07,633 when this one sells or judge orders something different." 324 00:15:07,700 --> 00:15:09,834 Now, I know you're probably feeling uncomfortable, 325 00:15:09,900 --> 00:15:12,000 because you never thought that you'd be in this situation 326 00:15:12,066 --> 00:15:14,367 where the judge was going to be a Black woman asking you, 327 00:15:14,433 --> 00:15:16,834 "What did you mean by saying, 'I'm going to be white about it'?" 328 00:15:16,900 --> 00:15:19,333 But I give you my word, I judge you fairly, 329 00:15:19,400 --> 00:15:21,667 and that's the least of your problems here. 330 00:15:21,734 --> 00:15:23,800 What does that mean? "I'm going to be white about it." 331 00:15:23,867 --> 00:15:27,500 Um, I meant to say "Do them right." And if you look through my 332 00:15:27,567 --> 00:15:29,000 texts, I have a lot of typos. 333 00:15:29,066 --> 00:15:31,066 You actually do. You're a terrible typist. 334 00:15:31,133 --> 00:15:34,800 Yeah. And I just want to clarify that there was no pun intended 335 00:15:34,867 --> 00:15:37,967 in that whatsoever. I was really trying to turn the whole thing around 336 00:15:38,033 --> 00:15:39,867 -and put an end to it. -But I still don't believe 337 00:15:39,934 --> 00:15:41,934 he would have delivered it. Even though if we would have said, 338 00:15:42,000 --> 00:15:44,600 "Okay, deliver it within two weeks, no $70." 339 00:15:44,667 --> 00:15:46,200 I still don't truly believe he would have said-- 340 00:15:46,266 --> 00:15:47,700 -'Cause it had been a long time. -[Destiny] Right. 341 00:15:47,767 --> 00:15:48,667 So I don't know that that-- 342 00:15:48,734 --> 00:15:50,967 I'd still give them a bin of their choice. I got 10 of them right now. 343 00:15:51,033 --> 00:15:52,333 They could have any one they wanted. 344 00:15:52,400 --> 00:15:53,900 [Destiny] Thank you. But we do not want a bin. 345 00:15:53,967 --> 00:15:57,867 Maybe to, like, make it all right, you'll, like, throw in some free stuff. 346 00:15:57,934 --> 00:16:00,266 -Absolutely. -[Acker] Okay, there we go. Done. 347 00:16:00,333 --> 00:16:02,333 -I have nothing else. -I want to see the videos about 348 00:16:02,400 --> 00:16:04,367 how it's moved. I know we have a couple of videos, 349 00:16:04,433 --> 00:16:06,233 -[DiMango] So let's see-- -It's-- It's a process. 350 00:16:06,300 --> 00:16:09,166 [DiMango] Yeah, I would imagine it is. Let's just see what you got here. 351 00:16:14,033 --> 00:16:16,533 What am I looking at? Oh, the inside, right. 352 00:16:16,600 --> 00:16:21,300 [Daniel] Yeah, here we are. We're taking it and, uh, securing it to skids 353 00:16:21,367 --> 00:16:22,900 so that we can pull it onto a truck. 354 00:16:22,967 --> 00:16:26,033 -[DiMango] Oh, wow. -[Daniel] Um. It's on the inside of it. 355 00:16:26,100 --> 00:16:29,033 Um. I know it looks like piece of junk, but it's the patine, 356 00:16:29,100 --> 00:16:30,734 -they call it, because of the what. -[DiMango] Yeah. 357 00:16:30,800 --> 00:16:33,133 -So, they're huge. -They can be. 358 00:16:33,200 --> 00:16:35,000 -[DiMango] You have it. -Oh, yes, ma'am, I do. 359 00:16:35,066 --> 00:16:37,200 I think, ladies, it's out of time, however, for you. 360 00:16:37,266 --> 00:16:39,567 You know? You might not want that, either. 361 00:16:39,633 --> 00:16:42,467 -[laughing] -Anyway, thank you all. 362 00:16:42,533 --> 00:16:45,700 I love this case. I love the whole idea of this binzebo thing. 363 00:16:45,767 --> 00:16:48,165 And hopefully, you will go home happy, everybody. 364 00:16:48,233 --> 00:16:49,200 -We'll see. -Thank you. 365 00:16:49,266 --> 00:16:50,567 -[DiMango] We're going to retire. -Thank you. 366 00:16:50,633 --> 00:16:51,900 -Thank you. -Court is now recess. 367 00:16:51,967 --> 00:16:53,367 Parties will be recalled. 368 00:16:53,433 --> 00:16:56,467 [dramatic music playing] 369 00:16:58,834 --> 00:17:00,800 [dramatic music playing] 370 00:17:01,867 --> 00:17:04,666 Sometimes, a breach can be intentional, and I think here 371 00:17:04,733 --> 00:17:07,367 there was a breach by the Defendant, but I really think that it was 372 00:17:07,433 --> 00:17:11,066 an unintentional breach. I think there was just a miscommunication. 373 00:17:11,133 --> 00:17:14,400 I think he had every intention of giving it to them at some point in time, 374 00:17:14,467 --> 00:17:16,433 but it was on his schedule. 375 00:17:16,500 --> 00:17:20,532 They, of course, were rightfully concerned that after his disappearing 376 00:17:20,599 --> 00:17:23,733 for a couple of weeks here and there, and they kept wanting to remind him, 377 00:17:23,800 --> 00:17:25,500 you know, we're still here. We're not forgiving. 378 00:17:25,567 --> 00:17:27,165 You know, it's not like we don't want this bin. 379 00:17:27,233 --> 00:17:28,567 We do. So can you please bring it? 380 00:17:28,633 --> 00:17:29,834 Can you please bring it? 381 00:17:29,900 --> 00:17:32,200 I'm not giving them the $70. We just don't do that. 382 00:17:32,266 --> 00:17:35,667 We don't give them filing fees. I think they really want the bin. 383 00:17:35,734 --> 00:17:37,633 I feel bad for them because I think they really want it. 384 00:17:37,700 --> 00:17:41,100 If you tell them, perhaps, that the court is not inclined, 385 00:17:41,166 --> 00:17:45,066 because we don't do the filing fees, we will if there's some behavior 386 00:17:45,133 --> 00:17:47,633 on the part of the Defendant that is so outrageous. 387 00:17:47,700 --> 00:17:49,066 We've done that in the past. 388 00:17:49,567 --> 00:17:52,800 But to your point, I agree this was just a misunderstanding. 389 00:17:52,867 --> 00:17:56,467 If they knew that, and they still like the idea of a binzebo... 390 00:17:56,533 --> 00:17:58,233 -They can. -They don't want it from him. 391 00:17:58,300 --> 00:18:01,300 They're afraid he's going to put a hole in it or something. 392 00:18:01,367 --> 00:18:02,867 I actually don't think he would do that. 393 00:18:02,934 --> 00:18:03,934 -I don't, either. -Neither do I. 394 00:18:04,000 --> 00:18:05,467 -I understand. -Yeah. 395 00:18:05,533 --> 00:18:08,600 I understand them being concerned, and I don't think he would ever do it. 396 00:18:08,667 --> 00:18:11,133 It's not worth it to him. He said this is how he makes his money. 397 00:18:11,200 --> 00:18:13,333 He buys these things and gets them for nothing. 398 00:18:13,400 --> 00:18:16,300 He sells them. I mean, when you think about taking that apart, 399 00:18:16,367 --> 00:18:20,000 that's a lot of work, and then loading it and putting it together. 400 00:18:20,066 --> 00:18:23,700 To suggest to them that if you still have a plan of getting a binzebo, 401 00:18:23,767 --> 00:18:26,467 whoever you're going to buy it from is going to charge you shipping. 402 00:18:26,533 --> 00:18:29,633 You now see what it's going to cost to take down from one place 403 00:18:29,700 --> 00:18:31,300 and to ship it to your home. 404 00:18:31,367 --> 00:18:34,333 At the end of the day, the reason why it fell apart, 405 00:18:34,400 --> 00:18:36,834 and I truly believe this, is because he in his mind 406 00:18:36,900 --> 00:18:39,433 heard them say, "We're going to put it up in spring." 407 00:18:39,500 --> 00:18:42,133 I am convinced that he heard spring. Boom. 408 00:18:42,200 --> 00:18:44,033 -He shut everything else off. -And they heard, 409 00:18:44,100 --> 00:18:45,867 "After I get back, that's two weeks." 410 00:18:45,934 --> 00:18:48,834 But he could have said at some point when they are 411 00:18:48,900 --> 00:18:50,433 saying, "Hey, where is it? Where is it?" 412 00:18:50,500 --> 00:18:52,467 You know, just, "I thought we said spring." 413 00:18:52,533 --> 00:18:54,667 Like, he never really corrects at the end of November. 414 00:18:54,734 --> 00:18:56,300 -No, I didn't get-- -In November, he does. 415 00:18:56,367 --> 00:18:59,500 I didn't get spring a real sense. I got more of when the harvest is over 416 00:18:59,567 --> 00:19:02,667 -and the wind stopped. -I actually think that he just got busy. 417 00:19:02,734 --> 00:19:07,100 I mean, look, he sources all, we saw all that stuff on his property. 418 00:19:07,166 --> 00:19:10,133 He sources those things. He gets them ready for sale. 419 00:19:10,200 --> 00:19:13,600 He's delivering things. I literally think he just got overwhelmed. 420 00:19:13,667 --> 00:19:18,333 I think he got his back up, as people do when they are threatened with a lawsuit. 421 00:19:18,400 --> 00:19:20,667 They get $800 back. 422 00:19:20,734 --> 00:19:23,900 If he was being serious out there, maybe he'll throw in a little kicker, 423 00:19:23,967 --> 00:19:26,700 because I don't think that he is necessarily 424 00:19:26,767 --> 00:19:28,900 as bad a businessman as this exchange 425 00:19:28,967 --> 00:19:31,200 and some of those text messages might suggest. 426 00:19:31,266 --> 00:19:33,567 So, you know, they want to do business down the road, 427 00:19:33,633 --> 00:19:35,066 let them do business down the road. 428 00:19:35,133 --> 00:19:38,400 They come back, and they give it to them for the same price. 429 00:19:38,467 --> 00:19:39,834 -That's all I would say. -Okay. 430 00:19:39,900 --> 00:19:41,633 We're unanimous. We're going to give her $800. 431 00:19:41,700 --> 00:19:42,667 Sure. 432 00:19:42,734 --> 00:19:45,967 [dramatic music playing] 433 00:19:46,033 --> 00:19:48,133 Court is back in session. Both parties are reminded 434 00:19:48,200 --> 00:19:51,100 -that you're still under oath. -[DiMango] Thank you, Cassandra. 435 00:19:51,166 --> 00:19:53,667 You know, I know you both want that bin. 436 00:19:53,734 --> 00:19:57,600 I know. And you're going to have an opportunity to go buy one, 437 00:19:57,667 --> 00:20:00,767 because we've decided that, not that you were untrustworthy, 438 00:20:00,834 --> 00:20:03,033 but there wasn't really wasn't a meeting of the minds 439 00:20:03,100 --> 00:20:05,066 with regard to what was going on. 440 00:20:05,133 --> 00:20:07,800 But ultimately, you ghosted them to the extent that 441 00:20:07,867 --> 00:20:09,567 they could believe that they were not gonna 442 00:20:09,633 --> 00:20:11,100 get the bin or the money. 443 00:20:11,166 --> 00:20:15,367 So, we found that you are entitled to your $800. 444 00:20:15,433 --> 00:20:17,033 Not the $70. 445 00:20:17,100 --> 00:20:19,433 So you were right about that, sir. They weren't going to get it. 446 00:20:19,500 --> 00:20:22,900 You said take it to the judges, because we don't give the $70 447 00:20:22,967 --> 00:20:24,633 -for the filing fees... -Yep. 448 00:20:24,700 --> 00:20:26,400 [DiMango] but I do want to say, 449 00:20:26,467 --> 00:20:28,400 I don't know if you're going to find one for that price again, 450 00:20:28,467 --> 00:20:30,367 -but maybe if you go back, they come back, -Maybe. 451 00:20:30,433 --> 00:20:33,000 [DiMango] maybe you'll give them the same thing for the same price. 452 00:20:33,066 --> 00:20:34,300 -Absolutely. -[DiMango] Yeah. 453 00:20:34,367 --> 00:20:38,200 We think this was a negligent issue, not an intentional breach of contract 454 00:20:38,266 --> 00:20:42,166 by you, sir. There wasn't a time of the essence discussion here. 455 00:20:42,233 --> 00:20:45,667 And so based on that, you're going to get your $800 back. 456 00:20:45,734 --> 00:20:49,667 And send a picture when you get yours and you put it together 457 00:20:49,734 --> 00:20:51,867 because I would really like to see what you both do with it. 458 00:20:51,934 --> 00:20:54,133 -And that's the verdict of the court. -Thank you. 459 00:20:54,200 --> 00:20:56,000 $800 to the Plaintiffs. Thank you very much. 460 00:20:56,066 --> 00:20:58,734 Thank you, Your Honor. If you'd ever like a binzebo, 461 00:20:58,800 --> 00:21:00,800 -I'd sure like help you. -[DiMango] I do want one. 462 00:21:00,867 --> 00:21:02,400 -Are you gonna deliver it? -[audience laughs] 463 00:21:02,467 --> 00:21:04,834 -For a fee. -[DiMango] I mean really. 464 00:21:04,900 --> 00:21:06,467 And I need it before spring. 465 00:21:06,533 --> 00:21:08,133 [laughing] 466 00:21:08,200 --> 00:21:10,400 -Dismantle it. -I'm gonna hold you to that. 467 00:21:10,467 --> 00:21:12,567 -Thank you. -This case has concluded. 468 00:21:12,633 --> 00:21:14,533 All parties are excused. 469 00:21:14,600 --> 00:21:16,633 [triumphant music playing] 470 00:21:18,367 --> 00:21:21,000 I was hoping that I could work something out with the gals here 471 00:21:21,066 --> 00:21:22,834 and get their gazebo to them, but... 472 00:21:22,900 --> 00:21:24,700 I still would like the grain bin. 473 00:21:24,767 --> 00:21:27,200 But we understand that the integrity is probably not there. 474 00:21:27,266 --> 00:21:28,400 Uh, it didn't go my way. 475 00:21:28,467 --> 00:21:30,433 We felt like we were being attacked, and at that point, we were-- 476 00:21:30,500 --> 00:21:31,734 We were pretty done with him. 477 00:21:31,800 --> 00:21:34,934 The only thing I had ever asked 'em is who was in charge, you know. 478 00:21:35,000 --> 00:21:37,900 -And, uh, went from there. -There was way more to it. 479 00:21:37,967 --> 00:21:39,533 I don't think he simply just forgot. 480 00:21:39,600 --> 00:21:42,133 Communication breakdown and you know, 481 00:21:42,200 --> 00:21:43,567 it was a busy time of year for me. 482 00:21:43,633 --> 00:21:44,867 We'll just have to keep looking. 483 00:21:45,734 --> 00:21:47,567 [narrator] Did someone break an agreement? 484 00:21:47,633 --> 00:21:51,133 Let Tribunal Justice decide your case. 485 00:21:51,200 --> 00:21:53,400 Find us on social media.