1
00:00:00,033 --> 00:00:03,367
You hired the Defendant
to get rid of the pontoon boat lift.

2
00:00:03,433 --> 00:00:04,266
Yep.

3
00:00:04,333 --> 00:00:06,567
[narrator]
Now, on Tribunal Justice...

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00:00:06,633 --> 00:00:09,934
You told him that you sold it
and that you're gonna give him some money.

5
00:00:10,000 --> 00:00:11,300
But you never come back.

6
00:00:11,367 --> 00:00:12,533
[sighs] Right.

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00:00:12,600 --> 00:00:15,734
After dealing with this for two years,
enough was enough.

8
00:00:15,800 --> 00:00:17,667
'Cause you had been asking,
where's my money?

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00:00:17,734 --> 00:00:18,967
Where were you?!

10
00:00:19,033 --> 00:00:20,734
Why haven't you come back?!

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I think you screwed up.

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[stammers]

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You lied!

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00:00:47,667 --> 00:00:50,400
[narrator] Today's case
was filed in Walker, Minnesota.

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00:00:51,500 --> 00:00:55,266
Your Honor, this is Case #3063,
Lewis vs. Schwegel.

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00:00:55,333 --> 00:00:57,934
All parties have been sworn in.
You may be seated.

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00:00:58,000 --> 00:01:00,367
-[Levy] Thank you, Cassandra.
-[Britt] You're welcome.

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00:01:00,433 --> 00:01:04,066
Mr. Lewis, according to your complaint,
sir, you hired the Defendant

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00:01:04,132 --> 00:01:08,633
to remove and sell
an old pontoon boat lift.

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00:01:08,700 --> 00:01:12,500
And you agreed with him
to split the proceeds of the sale,

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00:01:12,567 --> 00:01:14,767
75% to you, 25% to him.

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00:01:14,834 --> 00:01:19,734
The Defendant said
that he could sell the lift for $3,200,

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00:01:19,800 --> 00:01:23,433
which would've netted you $2,400,
and him the remaining.

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00:01:23,500 --> 00:01:27,066
Unfortunately, the Defendant
breached your agreement

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00:01:27,133 --> 00:01:31,400
by keeping all the money for himself.
And you're suing him for the $2,400

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00:01:31,467 --> 00:01:35,300
that you would've otherwise gotten,
but for his breach of that contract.

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-Correct.
-[Levy] And now, Mr. Schwegel,

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according to your answer, you say
that there was no such agreement.

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You say that the Plaintiff needed
this pontoon boat lift removed

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00:01:45,967 --> 00:01:48,033
to make room for his new one.

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00:01:48,100 --> 00:01:50,600
And the new one needed different legs.

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00:01:50,667 --> 00:01:54,000
And you would sell
the old pontoon boat lift,

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00:01:54,066 --> 00:01:58,300
use the proceeds to offset
the additional expense for those new legs.

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Correct.

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What was supposed to happen
with the additional money, if any?

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00:02:02,166 --> 00:02:06,100
The additional money was
supposed to be held within myself.

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00:02:06,166 --> 00:02:08,633
-[Levy] You'd get whatever was left over?
-Correct.

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00:02:08,699 --> 00:02:12,133
Okay. So, Mr. Lewis, tell us, how was it
that you came to hire the Defendant?

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00:02:12,200 --> 00:02:15,633
We had just bought a new house.
So, I was looking for a lift.

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00:02:15,700 --> 00:02:17,533
I couldn't find anybody,
and one of my employees said

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00:02:17,600 --> 00:02:20,200
her stepson did that for a job.

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00:02:20,266 --> 00:02:22,834
And in the new home
that you had just purchased,

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00:02:22,900 --> 00:02:26,033
there was a boat lift there,
but it was for a pontoon boat.

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00:02:26,100 --> 00:02:27,100
Correct.

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00:02:27,166 --> 00:02:30,734
[Levy] So, you hired the Defendant
to get rid of the pontoon boat lift,

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00:02:30,800 --> 00:02:34,533
and for him to bring
your fishing boat lift to the new home.

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00:02:34,600 --> 00:02:36,734
-Yep.
-What was the price

48
00:02:36,800 --> 00:02:39,433
that you were paying the Defendant
to do the work

49
00:02:39,500 --> 00:02:40,500
that we just discussed?

50
00:02:40,567 --> 00:02:45,400
To move my boat lift to the new house
was $1,200 cash.

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00:02:45,466 --> 00:02:47,500
-And did you pay that?
-[Todd] Yes.

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00:02:47,567 --> 00:02:49,533
And did you also accept that?

53
00:02:49,600 --> 00:02:53,200
For some reason, I think that,
or I feel that it was $600.

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00:02:53,266 --> 00:02:55,633
-[Levy] You put in your answer $600.
-Yes.

55
00:02:55,700 --> 00:02:58,266
[Levy] And you sir, put in your complaint
that it was $1,200.

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00:02:58,333 --> 00:03:00,934
I can guarantee it,
because my lovely wife

57
00:03:01,000 --> 00:03:02,600
picked the money up that day.

58
00:03:02,667 --> 00:03:05,734
Ma'am, you want to step up for a moment?
Six hundred or twelve hundred?

59
00:03:05,800 --> 00:03:10,800
Twelve hundred. Plus,
we actually paid him an extra $50 tip,

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00:03:10,867 --> 00:03:12,834
along with a 12-pack of beer.

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00:03:12,900 --> 00:03:14,967
Thank you very much, ma'am. Please.

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00:03:15,033 --> 00:03:19,600
Why don't we take a look
at the pontoon boat lift, oh-one.

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00:03:19,667 --> 00:03:23,834
Okay. And that's the one you wanted
the Defendant to remove and to sell.

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00:03:23,900 --> 00:03:25,633
[Todd]
He took that that same day.

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00:03:25,700 --> 00:03:28,867
[Levy] And if we can take a look
at oh-two, your fishing boat.

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00:03:28,934 --> 00:03:31,300
According to your complaint,
the legs were too short.

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00:03:31,367 --> 00:03:33,600
-[Todd] Correct.
-What, if anything, did you say to him

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00:03:33,667 --> 00:03:34,734
at that time?

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00:03:34,800 --> 00:03:37,767
He said he would order up legs
and come back.

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00:03:37,834 --> 00:03:39,734
-[Levy] Come back and put them in.
-[Todd] Yep.

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00:03:39,800 --> 00:03:41,400
-[Levy] Is that what you said?
-Yes.

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00:03:41,466 --> 00:03:46,466
[Stetson] When I was there and was gonna
go pull the old pontoon lift out,

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00:03:46,533 --> 00:03:50,600
we had talked about the pontoon lift,
and I had said

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00:03:50,667 --> 00:03:53,300
that I could get rid of this pontoon lift
for you

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00:03:53,367 --> 00:03:55,066
as he was looking to get rid of it.

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00:03:55,133 --> 00:03:59,767
Um, later discussion, I was going
to purchase his legs for his new...

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00:03:59,834 --> 00:04:01,900
[Levy]
No, I don't want later discussion.

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00:04:01,967 --> 00:04:04,300
When you were having this conversation
with the Plaintiff

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00:04:04,367 --> 00:04:07,600
about the pontoon boat lift,
and selling it,

80
00:04:07,667 --> 00:04:09,934
and what was gonna happen
to the money after you sold it,

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00:04:10,000 --> 00:04:12,667
do you remember the Plaintiff's wife
being present?

82
00:04:12,734 --> 00:04:14,033
No, she was not.

83
00:04:14,100 --> 00:04:17,367
[Levy] So, you recall standing on the dock
with the Plaintiff

84
00:04:17,433 --> 00:04:19,399
discussing, however,
what you were gonna do

85
00:04:19,466 --> 00:04:21,733
with the proceeds
of the sale of the pontoon boat lift?

86
00:04:21,800 --> 00:04:23,332
-Correct.
-[Levy] Now, go on.

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00:04:23,400 --> 00:04:24,600
Tell me what you claim he said.

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00:04:24,667 --> 00:04:30,100
So, we chatted a little bit about me
taking the pontoon lift away.

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00:04:30,166 --> 00:04:35,033
And I had decided from that point
that I would purchase his new legs

90
00:04:35,100 --> 00:04:37,066
for his boat lift that he has.

91
00:04:37,133 --> 00:04:41,800
And that was going to be
in return of me selling the pontoon lift

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00:04:41,867 --> 00:04:44,567
that he had had existing in the water.

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00:04:44,633 --> 00:04:46,800
[Levy] Now, wait,
you've been involved in the boat,

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00:04:46,867 --> 00:04:49,000
dock building, transporting business
for how long?

95
00:04:49,066 --> 00:04:50,233
Fourteen years.

96
00:04:50,300 --> 00:04:52,033
So, what did you tell him it was worth?

97
00:04:52,100 --> 00:04:54,633
I told him prior to pulling it
out of the water

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00:04:54,700 --> 00:04:59,700
that I would be able to get anywhere
between $3,000 and $3,200 for the lift.

99
00:04:59,767 --> 00:05:02,967
So now, when you leave
with the pontoon boat lift,

100
00:05:03,033 --> 00:05:05,967
you were supposed to come back
with the six-foot legs

101
00:05:06,033 --> 00:05:10,233
-and install the fishing boat lift, right?
-Correct.

102
00:05:10,300 --> 00:05:12,266
'Cause you had already been paid for that.

103
00:05:12,333 --> 00:05:13,400
[Stetson]
Correct.

104
00:05:13,467 --> 00:05:15,633
-[Levy] But you never come back.
-I did not.

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00:05:15,700 --> 00:05:17,734
[Levy] To put it all in perspective,
this was May.

106
00:05:17,800 --> 00:05:21,233
What efforts, if any, did you make
to get him back to finish the job?

107
00:05:21,300 --> 00:05:25,332
Numerous conversations and texts
about where are we at on the legs.

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00:05:25,400 --> 00:05:29,433
I didn't really think anything
about the pontoon lift

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00:05:29,500 --> 00:05:32,834
until the following year
when I went and bought the legs

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00:05:32,900 --> 00:05:34,767
and had some other guy install it.

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00:05:34,834 --> 00:05:37,667
[Levy]
He didn't come back all of 2023?

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00:05:37,734 --> 00:05:39,700
This is the second time
I've ever seen Stetson.

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00:05:39,767 --> 00:05:43,367
[Levy] What, if anything, is he telling
you about did he sell the boat lift,

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00:05:43,433 --> 00:05:45,066
did he not sell the boat lift?

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00:05:45,133 --> 00:05:47,567
You know what, I think she may know.
Step on up.

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00:05:48,900 --> 00:05:50,500
Help out.

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00:05:50,567 --> 00:05:54,700
In the Exhibits,
there are numerous text messages.

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Under like Exhibit Three,
where he's saying,

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"There's a bunch of broken welds
on the lift and bent bars,

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so it's not worth that much.
Would you like to just do an exchange?

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00:06:03,266 --> 00:06:05,066
I'll buy all the legs for your lift.

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00:06:05,133 --> 00:06:07,166
Put them in
and level and complete canopy."

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00:06:07,233 --> 00:06:08,800
So, that was on June 2nd.

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So, that was after he had come initially
and took the pontoon.

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Where he's saying there was
an agreement right away,

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there clearly wasn't,

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00:06:16,934 --> 00:06:19,300
because he's trying to come
to that agreement on June 2nd.

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00:06:19,367 --> 00:06:21,433
And then, Todd responded to him--

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00:06:21,500 --> 00:06:23,633
Hold on one second.
You know, Mr. Schwegel,

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00:06:23,700 --> 00:06:26,834
the text message that was just
read to you, you were listening, right?

131
00:06:26,900 --> 00:06:29,000
-Yes.
-[Levy] So, what you're saying in June?

132
00:06:29,066 --> 00:06:31,867
So again,
this is just not even a month later,

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00:06:31,934 --> 00:06:35,367
you're saying
because of the bent bar and the welds,

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00:06:35,433 --> 00:06:38,767
it's not as much
as I thought it was gonna be.

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00:06:38,834 --> 00:06:40,100
-Right?
-[Amy] Correct.

136
00:06:40,166 --> 00:06:43,133
What you meant by that was
what you and I discussed, Mr. Plaintiff,

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00:06:43,200 --> 00:06:47,300
on the dock that day, about $3,200,
I'm not gonna get $3,200 for it.

138
00:06:47,367 --> 00:06:49,734
It's gonna be a little less
because of these welds

139
00:06:49,800 --> 00:06:51,900
that are necessary,
and what have you. Makes sense?

140
00:06:51,967 --> 00:06:53,933
-Yes.
-[Levy] So, there was an agreement,

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00:06:54,000 --> 00:06:56,467
as far as how much money
he was gonna get back.

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00:06:56,533 --> 00:07:00,567
It wasn't gonna be put in your pocket.
as you originally said, right?

143
00:07:00,633 --> 00:07:02,200
-Right.
-[sighs] Right.

144
00:07:02,266 --> 00:07:03,567
[Levy]
Thank you. Judge Acker.

145
00:07:03,633 --> 00:07:06,667
Thank you, Judge.
So, let's just pick up from that point.

146
00:07:06,734 --> 00:07:10,633
June 30th, you told him
that you sold it for $800,

147
00:07:10,700 --> 00:07:12,800
and that you were gonna
give him some money.

148
00:07:12,867 --> 00:07:14,500
You sold it for $800?

149
00:07:14,567 --> 00:07:16,066
-The boat lift?
-[Acker] Yeah.

150
00:07:16,133 --> 00:07:17,233
No.

151
00:07:17,300 --> 00:07:19,300
What were you talking about then
when you said,

152
00:07:19,367 --> 00:07:23,066
"I got $800 for it.
What do you think is fair

153
00:07:23,133 --> 00:07:24,633
if I bring the legs to you?"

154
00:07:24,700 --> 00:07:27,633
When you say, I got $800 for "it,"

155
00:07:27,700 --> 00:07:29,100
what were you talking about?

156
00:07:29,166 --> 00:07:30,834
[dramatic music playing]

157
00:07:30,900 --> 00:07:33,433
[narrator]
Coming up, on Tribunal Justice...

158
00:07:33,500 --> 00:07:37,133
I no longer have a relationship
with my step-mother because of this.

159
00:07:37,200 --> 00:07:40,600
And then, my dad is so with her,

160
00:07:40,667 --> 00:07:43,367
that I don't have a relationship
with my own father.

161
00:07:43,433 --> 00:07:45,633
This doesn't have anything to do with him.

162
00:07:48,100 --> 00:07:49,700
[main theme playing]

163
00:07:49,767 --> 00:07:54,533
[narrator] Boat owner Todd Lewis
says Stetson Schwegel owes him $2,400,

164
00:07:54,600 --> 00:07:58,233
his share after allowing Stetson
to sell his boat lift.

165
00:07:58,300 --> 00:08:02,667
But Stetson claims they never had a deal
and that any money from any sale

166
00:08:02,734 --> 00:08:06,066
went to buy parts
for Todd's new boat lift.

167
00:08:06,133 --> 00:08:08,867
When you say, I got $800 for "it,"

168
00:08:08,934 --> 00:08:10,300
what were you talking about?

169
00:08:10,367 --> 00:08:11,834
[Stetson]
The lift, at that time.

170
00:08:11,900 --> 00:08:13,867
-[Acker] That's what I just asked you.
-[Stetson] Yes.

171
00:08:13,934 --> 00:08:17,533
On that time,
I do have picture text messages

172
00:08:17,600 --> 00:08:21,033
from the guy that purchased
the lift from me which was the boss,

173
00:08:21,100 --> 00:08:24,000
that shows that he had purchased the lift
from me for $1,200.

174
00:08:24,066 --> 00:08:26,834
Wait, I have to back up.
You told him,

175
00:08:26,900 --> 00:08:28,300
we're talking about your words,

176
00:08:28,367 --> 00:08:32,467
Saturday, June 29th at 6:18 pm,

177
00:08:32,533 --> 00:08:35,600
"Well, I got $800 for it."

178
00:08:35,667 --> 00:08:40,734
We have now clarified that the "it"
was in fact the pontoon boat lift.

179
00:08:40,799 --> 00:08:44,667
The Plaintiff took some exception
to how cheaply you sold it.

180
00:08:44,734 --> 00:08:48,467
But he says in his complaint
that you never gave him any proof

181
00:08:48,533 --> 00:08:50,633
that you actually sold it for that amount.

182
00:08:50,700 --> 00:08:54,467
Did you, in fact, sell it for $800?
'Cause that's what you told him.

183
00:08:54,533 --> 00:08:55,567
I did not.

184
00:08:55,633 --> 00:08:58,467
[Acker] So then, it's a lie
when you say to him, I got $800 for it,

185
00:08:58,533 --> 00:09:01,033
and now you're telling me
that that was just made up.

186
00:09:01,100 --> 00:09:04,467
Why would you tell him that you got $800
for a piece of property

187
00:09:04,533 --> 00:09:06,567
if that's not, in fact, what you received?

188
00:09:06,633 --> 00:09:11,100
That was gonna be my mistake
that I had said I had got $800 for it.

189
00:09:11,166 --> 00:09:13,567
-I got $1,200--
-[Acker] How could you be mistaken about

190
00:09:13,633 --> 00:09:15,300
getting money for something

191
00:09:15,367 --> 00:09:17,567
that someone gave you to sell?

192
00:09:17,633 --> 00:09:20,867
And then, I'm gonna go on,
because then you say to him,

193
00:09:20,934 --> 00:09:23,767
a couple of months later,
"Give me two weeks

194
00:09:23,834 --> 00:09:26,367
and I'll come hand you $700.

195
00:09:26,433 --> 00:09:32,400
Six hundred for you and
an extra $100 for this inconvenience."

196
00:09:32,467 --> 00:09:35,233
So now, not only are you reaffirming

197
00:09:35,300 --> 00:09:37,967
that he's entitled
to some portion of that sale,

198
00:09:38,033 --> 00:09:40,800
you're also saying,
and you know what, I kinda blew it,

199
00:09:40,867 --> 00:09:42,867
so I'm gonna give you another $100.

200
00:09:42,934 --> 00:09:44,100
Did you ever do that?

201
00:09:44,165 --> 00:09:46,000
-I did not.
-[Acker] Why?

202
00:09:48,767 --> 00:09:50,500
There's not a good reason why.

203
00:09:50,567 --> 00:09:52,533
I'm just gonna leave it right there.

204
00:09:52,600 --> 00:09:55,133
-Uh, Mr. Lewis...
-Yes?

205
00:09:55,200 --> 00:09:57,467
Why are you suing for $2,400?

206
00:09:57,533 --> 00:10:00,600
The initial agreement was
we were gonna get $3,200,

207
00:10:00,667 --> 00:10:02,200
and that's when he took the lift.

208
00:10:02,266 --> 00:10:04,633
[Acker]
But you also didn't fight him

209
00:10:04,700 --> 00:10:07,867
when he said perhaps
it wasn't worth $3,200 anymore.

210
00:10:07,934 --> 00:10:11,467
After dealing with this for two years,
enough was enough.

211
00:10:11,533 --> 00:10:14,467
I had my current boat lift
in the water, the work was done.

212
00:10:14,533 --> 00:10:16,100
It was never gonna get done.

213
00:10:16,166 --> 00:10:19,734
Did he ever send you proof
of how much he actually did sell it for?

214
00:10:19,800 --> 00:10:21,233
Never saw a bill of sale.

215
00:10:21,300 --> 00:10:24,133
[Acker] That's also confusing to me,
Mr. Schwegel.

216
00:10:24,200 --> 00:10:27,266
I don't understand
why you never sent him a bill of sale.

217
00:10:27,333 --> 00:10:28,500
Why didn't you?

218
00:10:28,567 --> 00:10:31,834
I've never really dealt
with bill of sales before.

219
00:10:31,900 --> 00:10:34,400
So, you're telling me that in the 14 years

220
00:10:34,467 --> 00:10:36,867
you've been involved
in the boat business,

221
00:10:36,934 --> 00:10:41,800
you've never been involved
in preparation of a receipt?

222
00:10:41,867 --> 00:10:45,400
This is the very first boat lift

223
00:10:45,467 --> 00:10:48,800
that I had received that's used,
and sold.

224
00:10:48,867 --> 00:10:54,800
Okay. Throughout this whole entire time
as he is my step-mom's boss,

225
00:10:54,867 --> 00:10:58,934
caused issues between myself
and my step-mom and my dad.

226
00:10:59,000 --> 00:11:03,233
Okay. And then, my dad is so with her,

227
00:11:03,300 --> 00:11:06,133
that I don't have a relationship
with my own father.

228
00:11:06,200 --> 00:11:10,166
So, this sounds like you're mad
at your dad and his wife.

229
00:11:10,233 --> 00:11:11,600
This doesn't have anything to do with him.

230
00:11:11,667 --> 00:11:15,266
All I see is that you told the Plaintiff
you were going to do something,

231
00:11:15,333 --> 00:11:18,133
and you didn't do it.
So now, Mr. Lewis,

232
00:11:18,200 --> 00:11:20,066
I don't know really what to do
with your damages.

233
00:11:20,133 --> 00:11:24,867
I don't know if it's
a $700 case or a $2,400 case,

234
00:11:24,934 --> 00:11:27,900
as you've suggested,
but I'll discuss that with my colleagues.

235
00:11:27,967 --> 00:11:29,233
Judge DiMango?

236
00:11:29,300 --> 00:11:33,066
Okay. That lift, to you,
the old pontoon lift

237
00:11:33,133 --> 00:11:37,233
removed from your new home,
was absolutely useless to you, wasn't it?

238
00:11:37,300 --> 00:11:38,400
-It was.
-[DiMango] It was.

239
00:11:38,467 --> 00:11:40,700
And had he said nothing to you,

240
00:11:40,767 --> 00:11:43,500
that would've been resting
on the ground outside your home.

241
00:11:43,567 --> 00:11:46,000
No. I would've pulled it out,
had somebody else pull it out,

242
00:11:46,066 --> 00:11:48,433
put it up on my shore
and posted a Craigslist ad.

243
00:11:48,500 --> 00:11:50,100
Who said sell it first?

244
00:11:50,165 --> 00:11:52,667
Did you say to him, sell it
or did he say to you, sell it?

245
00:11:52,734 --> 00:11:55,333
I told him if he wants to take it
and sell it on consignment, go ahead.

246
00:11:55,400 --> 00:11:58,633
'Cause I have no use for it,
'cause I don't own a pontoon.

247
00:11:58,700 --> 00:12:01,600
Now, he says that to you.
Is that correct so far?

248
00:12:01,667 --> 00:12:04,266
Everything besides the consignment part.

249
00:12:04,667 --> 00:12:05,967
[dramatic music playing]

250
00:12:06,033 --> 00:12:08,500
[narrator]
Coming up, on Tribunal Justice...

251
00:12:08,567 --> 00:12:11,033
You had real problems.
You had gambling debt or whatever.

252
00:12:11,100 --> 00:12:14,333
You owed money to your boss.
What'd you owe money to your boss for?

253
00:12:17,133 --> 00:12:18,734
[main theme playing]

254
00:12:18,800 --> 00:12:23,367
[narrator] Boat owner Todd Lewis
is suing Stetson Schwegel for $2,400,

255
00:12:23,433 --> 00:12:26,667
money owed
for selling Todd's old boat lift.

256
00:12:26,734 --> 00:12:29,533
But Stetson says
they never had an agreement.

257
00:12:29,600 --> 00:12:35,066
Plus, he sold the old boat lift for money
to buy parts for Todd's new boat lift.

258
00:12:35,133 --> 00:12:37,834
Now, when you took it out of the water,
were there any problems with it?

259
00:12:37,900 --> 00:12:39,467
-[Stetson] Yes.
-What were the problems?

260
00:12:39,533 --> 00:12:42,467
The problems were the cross beams
for the boat lift,

261
00:12:42,533 --> 00:12:45,467
the structure part of it,
the bars were bent,

262
00:12:45,533 --> 00:12:47,467
there was multiple cracked welds to it.

263
00:12:47,533 --> 00:12:50,867
Uh, there was three different pulleys
that were froze up on it.

264
00:12:50,934 --> 00:12:54,066
The cable was completely shot.
And on top of that,

265
00:12:54,133 --> 00:12:56,233
the canopy top that he had given me--

266
00:12:56,300 --> 00:12:57,633
[DiMango]
Didn't fit that.

267
00:12:57,700 --> 00:12:59,934
-Did not fit--
-[DiMango] I know, I saw that.

268
00:13:00,066 --> 00:13:04,500
Now, ultimately, your position is
that you sold that lift

269
00:13:04,567 --> 00:13:07,900
to your old boss.
You got $1,200 for it,

270
00:13:07,967 --> 00:13:10,967
as opposed to $3,200 for it. Correct?

271
00:13:11,033 --> 00:13:13,133
-[Stetson] Yes.
-[DiMango] You made an estimate

272
00:13:13,200 --> 00:13:15,900
based on what?
Limited experience? A lot of experience?

273
00:13:15,967 --> 00:13:17,967
I think you screwed up.
I think you screwed yourself.

274
00:13:18,033 --> 00:13:20,200
-Are you working now currently?
-Yes, I am.

275
00:13:20,266 --> 00:13:22,367
Were you working
at the time of this sale to him?

276
00:13:22,433 --> 00:13:23,433
Yes, I was.

277
00:13:23,500 --> 00:13:27,000
Are you in debt for anything?
Do you drink, gamble, have a lot of women?

278
00:13:27,066 --> 00:13:28,834
-What do you do? No problems?
-No, I do not.

279
00:13:28,900 --> 00:13:30,300
-No.
-You sure?

280
00:13:30,367 --> 00:13:31,533
I have four kids.

281
00:13:31,600 --> 00:13:34,200
So, where do you come up with this $800?

282
00:13:34,266 --> 00:13:39,233
Because $800 is 25% of $3,200.

283
00:13:39,300 --> 00:13:42,500
So, some of your numbers
are fitting in this crazy formula,

284
00:13:42,567 --> 00:13:46,165
and others are not.
So, if you got $800,

285
00:13:46,233 --> 00:13:49,300
and you now have to carry through
with giving him the money,

286
00:13:49,367 --> 00:13:53,066
you need to give him back the $600,
and you have the legs.

287
00:13:53,133 --> 00:13:56,233
This is where it all breaks down for me.
What happens here?

288
00:13:56,300 --> 00:13:59,467
Okay, what happens here,
if he had already purchased his legs,

289
00:13:59,533 --> 00:14:03,600
now I have to figure out how to resell
the legs that I had already purchased.

290
00:14:03,667 --> 00:14:06,333
[DiMango] So, you're trying
to get back some money from this.

291
00:14:06,400 --> 00:14:08,667
-Because you spent $600.
-Correct.

292
00:14:08,734 --> 00:14:11,266
[DiMango] So, you spent $600.
Where are the legs?

293
00:14:11,333 --> 00:14:12,800
The legs are at my house.

294
00:14:12,867 --> 00:14:15,667
You went out and got your own legs
and had somebody else put 'em in.

295
00:14:15,734 --> 00:14:17,133
Right, after a year and a half.

296
00:14:17,200 --> 00:14:18,867
[DiMango]
So, all you want, basically,

297
00:14:18,934 --> 00:14:21,200
you say $2,400,
but the reality is

298
00:14:21,266 --> 00:14:23,800
you really just want three-quarters
of whatever it was he made.

299
00:14:23,867 --> 00:14:25,000
-[Todd] Just proof.
-Proof.

300
00:14:25,066 --> 00:14:28,900
So, tell me what it is
that you really got,

301
00:14:28,967 --> 00:14:32,600
$1,200, $1,800, $3,200?
What did you get?

302
00:14:32,667 --> 00:14:35,266
I got $1,200 for selling his lift.

303
00:14:35,333 --> 00:14:38,834
In the text messages, you can see
between me and my old boss--

304
00:14:38,900 --> 00:14:41,900
Your old boss. And plus,
what you laid out. So, $1,200.

305
00:14:41,967 --> 00:14:44,934
If we take you at your word
that you sold this for $1,200,

306
00:14:45,000 --> 00:14:48,900
he gets $900 in this courtroom.
Would that be about right, number-wise?

307
00:14:48,967 --> 00:14:50,400
I'm not sayin' that's what's gonna happen,

308
00:14:50,467 --> 00:14:51,867
'cause I don't know,
we gotta all look at this.

309
00:14:51,934 --> 00:14:55,000
But that would be the 25/75.
Correct?

310
00:14:55,066 --> 00:14:56,800
-I'm done.
-[Levy] Okay.

311
00:14:56,867 --> 00:15:00,166
I think that you would agree
that he was just lying through his teeth.

312
00:15:00,233 --> 00:15:01,467
[Todd]
Correct.

313
00:15:01,533 --> 00:15:03,800
And he kept changing numbers,
and he kept lying to you.

314
00:15:03,867 --> 00:15:04,834
Right.

315
00:15:04,900 --> 00:15:08,200
[Levy] And this is why.
In your answer, you made it very clear.

316
00:15:08,266 --> 00:15:11,100
The day after you did the boat swap,

317
00:15:11,166 --> 00:15:16,967
later that day, "I sold the pontoon lift
to my boss for $1,200."

318
00:15:17,033 --> 00:15:20,333
Right? So, it was just a day after,
you sold it to your boss, right?

319
00:15:20,400 --> 00:15:21,367
Yes.

320
00:15:21,433 --> 00:15:23,200
Was that in cash?

321
00:15:23,266 --> 00:15:25,300
That was money owed to him.

322
00:15:25,367 --> 00:15:28,700
[Levy]
So, you owed your old boss money?

323
00:15:28,767 --> 00:15:31,567
And by the way, he never told you
he sold it to his boss.

324
00:15:31,633 --> 00:15:34,433
Never told you
that he paid off a bad debt with his boss.

325
00:15:34,500 --> 00:15:35,500
No.

326
00:15:35,567 --> 00:15:37,467
[Levy] The day after he took it out...
'Cause you'd been asking,

327
00:15:37,533 --> 00:15:40,033
"Where's my money?
Where are you?!

328
00:15:40,100 --> 00:15:42,066
Why haven't you come back?!

329
00:15:42,133 --> 00:15:45,066
I paid you $1,200 cash

330
00:15:45,133 --> 00:15:50,165
to put my boat lift for my fishing boat
in, and you haven't even done that."

331
00:15:50,233 --> 00:15:51,967
Right? You're getting those text messages.

332
00:15:52,033 --> 00:15:53,033
Correct.

333
00:15:53,100 --> 00:15:58,467
August 22nd, 2023,
text message, 7:22 pm.

334
00:15:58,533 --> 00:16:02,400
"What is the status of the sale
of the pontoon lift?"

335
00:16:02,467 --> 00:16:06,667
Your response at 8:24 pm.
"I had a couple looking.

336
00:16:06,734 --> 00:16:09,467
No one is buying
for some reason right now."

337
00:16:09,533 --> 00:16:10,967
You lied!

338
00:16:11,033 --> 00:16:13,400
You said you still have it.
Had a couple look.

339
00:16:13,467 --> 00:16:16,133
Kickin' the tires, but no one is buying.

340
00:16:16,200 --> 00:16:20,667
Schwegel, you thought you could come in
here and just blatantly lie to us?

341
00:16:20,734 --> 00:16:22,667
You were taking advantage of them.

342
00:16:22,734 --> 00:16:25,533
You had real problems.
You had gambling debt or whatever.

343
00:16:25,600 --> 00:16:28,734
You owed money to your boss.
What'd you owe money to your boss for?

344
00:16:28,800 --> 00:16:29,967
[stammers]

345
00:16:30,033 --> 00:16:32,100
[Levy]
I-I-I... You're not gonna tell us anyway.

346
00:16:32,165 --> 00:16:35,266
You know, I'm telling you right now,
I am holding your $3,200.

347
00:16:35,333 --> 00:16:39,633
Fourteen years experience in boats,
lifts, moving, building.

348
00:16:39,700 --> 00:16:41,533
You knew exactly what that was worth.

349
00:16:41,600 --> 00:16:43,533
Thirty-two hundred dollars. Yep.

350
00:16:43,600 --> 00:16:47,834
But now, June 3rd at 9:28 am.
You know that text, right?

351
00:16:47,900 --> 00:16:51,033
Yeah. "Forget about
everything I said last night."

352
00:16:51,100 --> 00:16:53,734
That's what you said.
"I have a buyer

353
00:16:53,800 --> 00:16:59,100
and will stick to our original plan
we agreed to on the dock."

354
00:16:59,165 --> 00:17:00,467
For how much?

355
00:17:00,533 --> 00:17:02,233
Thirty-two... 25% of whatever...

356
00:17:02,300 --> 00:17:04,099
-[Levy] Thirty-two hundred bucks.
-Yeah.

357
00:17:04,165 --> 00:17:05,834
Solved.

358
00:17:05,900 --> 00:17:07,333
You're a liar.

359
00:17:07,400 --> 00:17:08,633
Nothing further.

360
00:17:08,700 --> 00:17:11,266
What was the debt for?

361
00:17:11,333 --> 00:17:13,233
-The debt from my old boss?
-[Acker] Yeah.

362
00:17:13,300 --> 00:17:14,599
What did you owe him the money for?

363
00:17:14,666 --> 00:17:17,700
He had helped me put my septic
in my own place.

364
00:17:17,767 --> 00:17:18,900
He paid for the septic?

365
00:17:18,967 --> 00:17:20,000
-[Stetson] Yes.
-Okay.

366
00:17:20,066 --> 00:17:22,934
Okay, I think we're ready.
We're gonna retire to deliberate.

367
00:17:23,000 --> 00:17:24,700
Ma'am, you can sit.
Thank you very much.

368
00:17:24,767 --> 00:17:27,400
Court is now in recess.
Parties will be recalled.

369
00:17:27,467 --> 00:17:29,834
[dramatic music playing]

370
00:17:32,200 --> 00:17:34,100
[dramatic music playing]

371
00:17:35,333 --> 00:17:38,633
The way I look at
the credibility issues here, uh,

372
00:17:38,700 --> 00:17:44,333
is 100% to the Plaintiff and his wife,
and a big donut to the Defendant.

373
00:17:44,400 --> 00:17:46,934
He was lying six different ways to Sunday.

374
00:17:47,000 --> 00:17:50,500
We now know that he sold it
to pay off a debt of his.

375
00:17:50,567 --> 00:17:54,900
He failed to notify the Plaintiff of that.
There absolutely was an agreement.

376
00:17:54,967 --> 00:17:57,600
The agreement was for $3,200.

377
00:17:57,667 --> 00:18:01,200
I believe that the Plaintiff
has more than met his burden,

378
00:18:01,266 --> 00:18:03,467
with respect to the $2,400.

379
00:18:03,533 --> 00:18:07,800
That that is in fact what he is owed,
at a minimum, by the Defendant.

380
00:18:07,867 --> 00:18:11,266
The question I have, though,
is that with all of what we just heard

381
00:18:11,333 --> 00:18:13,233
and the Defendant coming in and lying,

382
00:18:13,300 --> 00:18:15,266
and the fact that he never even went back

383
00:18:15,333 --> 00:18:17,900
to complete the job
that he was paid $1,200 for,

384
00:18:17,967 --> 00:18:23,100
which was to put into the water,
the Plaintiff's fishing boat lift.

385
00:18:23,166 --> 00:18:25,033
He never did that, he never came back.

386
00:18:25,100 --> 00:18:28,667
I would be in favor
of amending the Plaintiff's pleadings

387
00:18:28,734 --> 00:18:33,467
from $2,400 to $3,200.
He should get every penny

388
00:18:33,533 --> 00:18:36,233
that the Defendant got
for his pontoon boat lift.

389
00:18:36,300 --> 00:18:39,300
And I do believe the credible evidence
that it was $3,200.

390
00:18:39,367 --> 00:18:42,667
And the Defendant is entitled
to absolutely nothing. Zero.

391
00:18:42,734 --> 00:18:45,367
So, I would like to hear
what the two of you have to say.

392
00:18:45,433 --> 00:18:49,066
I like that idea for a couple of reasons.

393
00:18:49,133 --> 00:18:53,500
I am really put off by the fact
that this Defendant

394
00:18:53,567 --> 00:18:57,367
engaged in such an intentional deception
for so long.

395
00:18:57,433 --> 00:18:59,567
I mean, it's actually really
a variety of fraud

396
00:18:59,633 --> 00:19:02,533
to suggest to somebody,
"Yeah, I've got your property.

397
00:19:02,600 --> 00:19:05,100
I'm gonna keep trying to sell it.
I'm gonna keep trying to sell it."

398
00:19:05,166 --> 00:19:09,867
And stringing them along when, in fact,
you've already pocketed money.

399
00:19:09,934 --> 00:19:12,900
You're withholding from them knowledge
about a sale

400
00:19:12,967 --> 00:19:15,333
that is material information to them.

401
00:19:15,400 --> 00:19:19,667
And so, I think that some punitive penalty
is warranted here.

402
00:19:19,734 --> 00:19:22,433
So, I would join that.
I don't have a problem with that.

403
00:19:22,500 --> 00:19:27,767
Okay. So, I think what makes legal cases
are liars, cheaters, and scammers.

404
00:19:27,834 --> 00:19:31,367
That's how we get here.
So, to penalize them twice as much

405
00:19:31,433 --> 00:19:33,533
because they're liars,
cheaters, and scammers,

406
00:19:33,600 --> 00:19:37,533
is not necessarily always warranted.
So, I think what happened was,

407
00:19:37,600 --> 00:19:40,633
he might've sold it to his boss
for $1,200,

408
00:19:40,700 --> 00:19:43,633
but he's undersold it,
'cause he just wanted out of the debt.

409
00:19:43,700 --> 00:19:45,400
He's saying $1,200.

410
00:19:45,467 --> 00:19:48,233
I could've been worth $10,000,
and he would've given it to him.

411
00:19:48,300 --> 00:19:52,100
And don't forget, he did lay out $600
for the legs that he has at home.

412
00:19:52,166 --> 00:19:55,367
Hold on. Okay, with respect to that part,
how do we know that?

413
00:19:55,433 --> 00:19:57,166
There are things we should believe
or not--

414
00:19:57,233 --> 00:19:59,433
We can't take him at his word.
If he's willing to lie about everything--

415
00:19:59,500 --> 00:20:01,633
Then why would you take him
at his word for $3,200?

416
00:20:01,700 --> 00:20:04,166
All I'm saying is,
I'm gonna give him $2,400,

417
00:20:04,233 --> 00:20:06,033
-and not penalize him any further.
-I got it.

418
00:20:06,100 --> 00:20:09,900
The only thing I would add there
is that if he, in fact,

419
00:20:09,967 --> 00:20:14,066
deliberately undersold
just so he could eradicate his own debt,

420
00:20:14,133 --> 00:20:16,900
without regard
to the expectations of the Plaintiff

421
00:20:16,967 --> 00:20:19,166
with whom he had a business arrangement,

422
00:20:19,233 --> 00:20:21,633
then I think
that's even more unconscionable.

423
00:20:21,700 --> 00:20:23,200
But we're making a guess then.

424
00:20:23,266 --> 00:20:26,633
If we're gonna take anybody at their word,
we're gonna go for $3,200.

425
00:20:26,700 --> 00:20:28,800
We have that as evidence
that we can accept.

426
00:20:28,867 --> 00:20:31,734
If we don't accept that,
then we're just wildly guessing--

427
00:20:31,800 --> 00:20:33,900
We also know he didn't finish the work.

428
00:20:33,967 --> 00:20:35,834
That's okay. I'm at $2,400.

429
00:20:35,900 --> 00:20:38,500
So, we're unanimous
as far as the Plaintiff's verdict.

430
00:20:38,567 --> 00:20:42,266
Where we will differ is
with respect to the amount, $2,400

431
00:20:42,333 --> 00:20:45,600
versus the $3,200,
and the $3,200 in the majority.

432
00:20:45,667 --> 00:20:47,367
Okay? Thank you.

433
00:20:47,433 --> 00:20:50,600
[dramatic music playing]

434
00:20:51,500 --> 00:20:52,767
Court is back in session.

435
00:20:52,834 --> 00:20:55,066
Both parties are reminded
that you're still under oath.

436
00:20:55,133 --> 00:21:00,100
All right. Well, we have deliberated
and we've reached a unanimous verdict

437
00:21:00,166 --> 00:21:02,300
as far as liability goes.

438
00:21:02,367 --> 00:21:05,900
The damages, however, were not unanimous.

439
00:21:05,967 --> 00:21:07,834
This is somewhat of a rare case.

440
00:21:07,900 --> 00:21:11,233
First of all, Mr. Schwegel,
you took a beating here today.

441
00:21:11,300 --> 00:21:13,400
But you know you deserved it, right?

442
00:21:13,467 --> 00:21:16,100
You did, because what you did
to the Plaintiff was wrong.

443
00:21:16,166 --> 00:21:17,433
You got caught at it.

444
00:21:17,500 --> 00:21:20,200
We absolutely believe
that you made a representation

445
00:21:20,266 --> 00:21:23,600
that the value of the boat lift
was $3,200.

446
00:21:23,667 --> 00:21:26,934
We absolutely believe that there was
an agreement for a consignment

447
00:21:27,000 --> 00:21:29,000
of 75 and 25.

448
00:21:29,066 --> 00:21:31,600
We also believe
that you undersold that boat lift

449
00:21:31,667 --> 00:21:33,467
just to get out of a debt with your boss.

450
00:21:33,533 --> 00:21:35,934
Didn't make any difference,
you owe $1,200.

451
00:21:36,000 --> 00:21:38,066
That's what you were going to give him
the boat lift for

452
00:21:38,133 --> 00:21:40,133
and string along the Plaintiff as you did.

453
00:21:40,200 --> 00:21:42,166
And you were never gonna
go back and finish the job

454
00:21:42,233 --> 00:21:43,367
that he'd already paid you for.

455
00:21:43,433 --> 00:21:45,633
Now, where are we
with respect to judgment?

456
00:21:45,700 --> 00:21:49,533
Judge DiMango would award you $2,400

457
00:21:49,600 --> 00:21:54,166
for what was your 75% consignment
of a $3,200 boat lift.

458
00:21:54,233 --> 00:21:55,300
Okay.

459
00:21:55,367 --> 00:21:57,834
Judge Acker and I, however,
are in agreement

460
00:21:57,900 --> 00:22:00,600
that that would not be fair,
it would not be just,

461
00:22:00,667 --> 00:22:03,300
and it most certainly
would not be consistent

462
00:22:03,367 --> 00:22:06,467
with the fact that the Defendant
did not even finish the job

463
00:22:06,533 --> 00:22:10,500
for which he was paid for,
to put that boat lift back in the water.

464
00:22:10,567 --> 00:22:12,867
So, we amended your complaint.

465
00:22:12,934 --> 00:22:17,233
Not $2,400, but the full $3,200

466
00:22:17,300 --> 00:22:20,233
for which we know
that that boat lift was worth.

467
00:22:20,300 --> 00:22:21,266
Thank you.

468
00:22:21,333 --> 00:22:24,200
He should not benefit a nickel
for doing what he did to you.

469
00:22:24,266 --> 00:22:28,133
So, it is the unanimous verdict
in this court

470
00:22:28,200 --> 00:22:30,266
that you succeed on your claim.

471
00:22:30,333 --> 00:22:34,066
And it is a split verdict
with respect to judgment

472
00:22:34,133 --> 00:22:38,166
in your favor of $3,200
from the Defendant.

473
00:22:38,233 --> 00:22:39,800
-Thank you.
-Thank you.

474
00:22:39,867 --> 00:22:42,800
This case has concluded.
All parties are excused.

475
00:22:42,867 --> 00:22:44,533
[triumphant music playing]

476
00:22:46,300 --> 00:22:49,000
I feel that, uh, the decision was wrong.

477
00:22:49,066 --> 00:22:51,567
I believe it's been a couple years comin'.

478
00:22:51,633 --> 00:22:53,900
That was one of the jobs
I just couldn't take pride in.

479
00:22:53,967 --> 00:22:57,300
There's just a lot of inconsistencies,
I think, in his story.

480
00:22:57,367 --> 00:23:01,734
That's where things started to get rocky
between the Plaintiff and myself.

481
00:23:01,800 --> 00:23:05,033
That's when we moved ahead
and paid somebody else to do that job.

482
00:23:05,100 --> 00:23:09,200
Normally, when I do something,
I don't like to, uh, come back and do it.

483
00:23:09,266 --> 00:23:10,433
We've been good ever since.

484
00:23:10,500 --> 00:23:12,066
I'm ready to put this behind me.

485
00:23:12,133 --> 00:23:14,033
We're happy it's over.
It's a fair judgment,

486
00:23:14,100 --> 00:23:15,567
so we're pleased with everything.

487
00:23:15,633 --> 00:23:18,033
[narrator]
Did someone break an agreement?

488
00:23:18,100 --> 00:23:21,800
Let Tribunal Justice decide your case.

489
00:23:21,867 --> 00:23:24,000
Find us on social media.

490
00:23:25,000 --> 00:23:27,000
[theme music playing]