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00:00You wanted to buy a grain bin to put in your yard.
00:04It's called a Binzebo.
00:06Because I said, when can you deliver it?
00:09Couple weeks.
00:10But ultimately, you ghosted them.
00:11Well, I had, we had lined up to deliver it.
00:14You don't respond for 12 days.
00:16And your response, sir, was, I'm going to be white about it
00:21and get you a refund.
00:22What does that mean, I'm going to be white about it?
00:24I meant to say, do them right, because I have a lot of typos.
00:27The bottom line here is, they don't have anything from you yet.
00:30Now, on Tribunal Justice.
00:54Today's case was filed in Windom, Minnesota.
00:58Your Honor, this is case number 3067, Brevick and Brevick versus Kate.
01:03Thank you, Cassandra.
01:04You're welcome.
01:05You may be seated.
01:07Ms. Brevick, your first name is?
01:09Trisha.
01:10Trisha.
01:10And Ms. Brevick, your name is?
01:13Destiny.
01:13Destiny.
01:14So, you and your wife went to Mr. Kate's yard sale,
01:18where he has antiques and other items for sale.
01:21I love this case because this is something I've never seen before.
01:24You wanted to buy a grain bin.
01:26You were going to pay $800 for it, and he said he would dismantle it,
01:30and he would deliver it to you for free, and he never did.
01:34Actually, at some point, you said you were going to sue him,
01:36and that was the only time he made any effort to kind of do anything with you.
01:40At some point, he commented about your relationship,
01:43and you want him to return the $800,
01:45and you want the $70 filing fee, making this lawsuit for $870.
01:51Mr. Kate, what you say is that you would have delivered it,
01:55but you wanted to wait till the spring.
01:57They had agreed to do that at first.
02:00They thought that you didn't like lesbians,
02:02but you made some stupid comments, and that's not true.
02:05Then, when they wanted their money back, you said,
02:07forget it. I'm not doing this. Sue me.
02:10And here you are being sued.
02:12Yes, ma'am.
02:13You know, sometimes we get what we ask for.
02:14I love... You've got to put up the grain bins.
02:17Wherever we are, let's do first 01.
02:20This is what you were buying for $800, right?
02:22Correct, yes, Your Honor.
02:22Now, most people would look at that and say,
02:24what, are they crazy? Where are they going to put that thing?
02:26And this is to put in your yard.
02:29It's called a Binzebo. Is that correct?
02:31Yes, Your Honor.
02:32Maybe it's a little soon, but I want to see it myself.
02:35Let's put it up 08. Look at that.
02:37I like the whole idea of that.
02:39That is actually just like an inspiration photo of what we want to do with one.
02:43Oh, you still have their bin?
02:46Yes, ma'am. I do.
02:47How many have you sold before?
02:48Oh, 30, 40 of them.
02:50Wow. And is that the going rate, $800?
02:52No, much more, much more.
02:54If I dismantle one, palletize it and ship it, I get anywhere from $18 to $2,200.
02:59So what did you give them such a good deal for?
03:00Are you saying?
03:01They were local. They were there.
03:02They had the cash, you know, and I wasn't going to have to do any shipping really.
03:07So I threw in the shipping for free.
03:08You bought some other things.
03:10I know you bought a door for something.
03:11Was it for this?
03:12No, it was for inside of our home.
03:14Like a barn door?
03:15Yes, with a lot of glass windows.
03:16Very beautiful.
03:17We actually have it up in our home already.
03:18I would like to have seen a picture of that, too.
03:20So you give him a check for $1,000, which we have a copy of.
03:24This is the end of September, September 28, that you make this purchase.
03:27And then right away, you send him a message saying,
03:30hey, listen, when can we get this?
03:31We're going to go away for a couple of weeks.
03:33And that's what causes a little bit of discrepancy.
03:36You say, can we get it before or after?
03:38And you say, I'll deliver it when you get back from your trip.
03:41So now in your head, you're thinking you're going to get this in two weeks.
03:44In his head, he's not thinking anything like that, it seems,
03:47and based on the fact that you're all here.
03:49So then periodically, you say, can you get back to us?
03:52We haven't heard from you.
03:53And his answer to you is, hey, listen, it's my busy season.
03:57It's when the harvest is done.
04:00Now, when is generally, when is the harvest done?
04:02Usually by November.
04:04November?
04:04And by then, the ground was froze.
04:07So it'd be difficult to drive steaks into the ground to chain it down.
04:10And then you're talking about the winds being very windy.
04:13And why would that matter in this case?
04:15The wind will catch it and it'll fly just like a kite.
04:18And it's metal, of course.
04:20So it's dangerous for the guys doing it and the integrity of the bin.
04:24But they understand, right?
04:25They say to you, you know, thanks for letting us know.
04:28So they still want to know we're into October, into November.
04:32And then, you know, they start to be a little bit more persistent with you.
04:36Correct.
04:37Then there's, throughout the process, there's about a two-week delay in between quite a few messages.
04:44So towards, I think it was November 4th is finally when we said, you know,
04:49if we don't get this, we're going to have to ask for our money back.
04:52He never replied after that.
04:54And it was then our next message saying, we really have no choice but to take this to small things.
04:58And now things start to get ugly, really.
05:02Correct.
05:02Now everybody's edgy and you can't understand why they can't wait because your feeling is,
05:09they can't put it together now anyway.
05:10The ground's too hard and all of that.
05:13And how do you get it to their home?
05:14On a flatbed hall or a truck, dismantle it in two halves or all apart,
05:19which I tried to talk to them about also.
05:21I even tried to get them involved in it.
05:23If they come up, we could take it apart so they'd know how to put it back together.
05:27But you wanted them to come back to where you were so they could watch you take it apart?
05:31I offered that.
05:32I offered that.
05:33Your Honor.
05:33Did you want to do that?
05:34That would have been interesting.
05:35It was never mentioned.
05:36Through his text messages, he tells us, hey, I haven't seen you offer come to help.
05:41And it's just like, that was never the agreement.
05:44I wanted to do that with them.
05:46So I want a happy customer.
05:47All right.
05:47So now we get to you saying, you're not going to let them push you around.
05:53And they say to you, what, we want the bin or the $800?
06:00They had threatened me that they worked with the law enforcement agency.
06:03OK, so that's in here.
06:04I have that here.
06:06Now, I think it was a threat too, personally.
06:08But she's saying, my wife works for the sheriff's office, right?
06:12Correct.
06:13And then you get tested.
06:14You say, don't threaten me.
06:15And they say, we're not threatening you.
06:16I'm just letting you know this isn't a criminal matter.
06:18It's a civil matter.
06:19So yeah.
06:20But the bottom line was you had their $800 and they don't have anything from you yet.
06:24What do you say in response to, we want the bin or the money?
06:28What kind of stupid thing do you say now?
06:32Coming up on Tribunal Justice.
06:34The real sticking point here was the $70 for filing fees.
06:38What happened, sir, when they said to you, give me the $870 for the filing fee?
06:48Tricia and Destiny Brevik are suing Daniel Cate for $870, the amount paid for a green bin they
06:55wanted to turn into a backyard bin Zeebo plus court filing fees.
06:58But Daniel claims they knew delivery would take months.
07:01They breached the agreement, so he owes nothing.
07:05What do you say in response to, we want the bin or the money?
07:09What kind of stupid thing do you say now?
07:11I was only, I had asked, who are the pants in the family?
07:15No, that's not the, that's the second stupid thing you said.
07:17Chuck.
07:17The first stupid thing was, let me guess, you're voting for the lady.
07:23Yep.
07:23Just kidding, that's what he says.
07:25I mean, you wiped that one off pretty quick.
07:27Yes.
07:27I mean, the point is, they're not bothered by that.
07:30I'm not, nobody's bothered by that.
07:31But it's just like, now you're getting to a point where it's now, it's personal between all of you.
07:36Right.
07:36Um, you're telling them, just do what you think is right.
07:39And meanwhile, you're going to continue to disassemble and mark the pieces and deliver it.
07:44Although I do know now that you didn't do that yet.
07:46But it didn't seem to me he wasn't going to do this.
07:49I think it wasn't going to be on your timeline.
07:51And the more it wasn't on your timeline, the more frightened you became that he was really not
07:56who you believed he was when you first made the transaction and the deal.
07:59When we first initially talked to him, he said, because I said, when can you deliver
08:04it?
08:05A couple weeks.
08:06Perfect.
08:07I never saw that.
08:07I'm going to tell you it wasn't in here.
08:08No, when we were in his house the first time.
08:10If it would have been spring, which he's claiming, we would have never paid him in full.
08:15Never gave him the full amount of money.
08:17Yeah, see, I think there was just a total lack of communication.
08:20Correct.
08:20The bottom line here is, do you still want it?
08:22No.
08:23Oh, you don't want it anymore.
08:24I mean, I really do, but I don't trust it.
08:27But the real sticking point here was the $70 for filing fees.
08:31Mm-hmm.
08:32Yes.
08:32What happened, sir, when they said to you, give me the $870 for the filing fee?
08:36Well, we had lined up to deliver it.
08:39I told them I was stopping everything, getting my crew.
08:41We were going to put it on a truck and bring it.
08:43And we had already had everything lined up.
08:46And that's when Trisha said that she wanted $80, $70, $80 more dollars more.
08:51$70.
08:52And I said, hey, I'm going all out on a limb.
08:54I'm stopping everything.
08:55We're going to deliver it for you.
08:57And she wouldn't do it.
08:58Your Honor, we did not have anything set.
09:01He offered to deliver.
09:03It was January 4th.
09:05That's right.
09:06Two months since the last time we have talked to him and we sent the last message.
09:10He never said anything back.
09:11Two months later, he says, you want the bin or do you want to go to court?
09:15The only reason he talked to us two months later is I'm assuming he got his mail.
09:20Let me just make one final point here.
09:21What this is is a breach of contract.
09:24The contractual agreement was we give you $800.
09:27You deliver us the bin for free.
09:31If they breached it, well, you keep the bin, the $800.
09:34If you breached it, they get back their money or the bin if they wanted that.
09:38But I get it.
09:39They don't trust the bin.
09:40So the reality here is based on all of these messages and what you've said in here,
09:44who was the one that was first to breach this?
09:47And that's where we end this Judge Levy.
09:50You know, I don't view this case as all that difficult.
09:52There was a little confusion.
09:54And where that confusion started was on September 28th when you saw an advertisement
10:00that the defendant had posted on Facebook Marketplace because you do that often.
10:04Yes, sir.
10:05So let's take a look at that.
10:06That is your Facebook Marketplace ad, Mr. Cade?
10:09Correct.
10:10Right.
10:10And when you saw it on that day, you're like,
10:12whoa, that looks pretty cool.
10:14September 28th, let's go take a ride.
10:15Yeah.
10:16And then in a field is where you saw the bin that we had seen before.
10:19Yeah, I think I had just mentioned to him when we were checking out,
10:23are those grain bins for sale?
10:24And he said, I'll take it down.
10:27I'll dismantle it.
10:28I'll deliver it.
10:29$800.
10:30Sold.
10:30Well, hold on, not yet.
10:32What the case is about is the delivery.
10:35Right, correct.
10:35The delivery date.
10:36Because it's your position that a part of the contract
10:39was that it be delivered within two weeks or so.
10:43Correct, correct.
10:44And it's your position, if I understand you, Mr. Cade,
10:46that that was never your understanding.
10:48Two weeks was nowhere discussed.
10:50And instead, you always had in your mind it was going to wait until the spring.
10:54Or the wintertime.
10:55Right.
10:55After the winter, so March or April in the spring.
10:58Correct.
10:58You heard them discussing that it was going to be put up in the spring.
11:02And in your mind, as busy as you were, no fault of your own,
11:06you just figured that's when they want me to deliver it.
11:08Boop, I'm busy.
11:09I got until the spring.
11:11Correct.
11:11And the only reason why I figured that out were the text messages.
11:14Mm-hmm.
11:15So I'm going to go through them, which is why I love them.
11:18Yes.
11:18Friday, October 4th is when you ladies sent to the defendant a text saying,
11:24we will be gone next week from Wednesday to Saturday.
11:28And to Judge DiMango's point about lack of communication, again, you're super busy.
11:32You got harvest.
11:33You don't respond for 12 days.
11:38Coming up on Tribunal Justice.
11:40I know you're probably feeling uncomfortable because she never thought that you'd be in
11:43a situation where the judge was going to be a black woman asking you,
11:46what did you mean by saying I'm going to be white about it?
11:54Tricia and Destiny Breve bought a grain bin from Daniel Kate to convert into a backyard bin
11:59Zeebo.
11:59But Daniel never delivered it.
12:01They're suing for $870, money they paid for the bin and court filing fees.
12:06But Daniel said they knew delivery would take months.
12:09It's still there.
12:10So he owes nothing.
12:12October 14th, they text you back.
12:15Hello, Dan.
12:15Just wondering if you had a time frame that you would be delivering our bin Zeebo.
12:19No response from him for another two days.
12:22On October 17th, you sent a follow-up text.
12:25I'm free for a call tonight if you're available.
12:28And you say, just got in.
12:30If you're up, give me a call.
12:32And you called right away and there wasn't an answer.
12:35And then you called again and there wasn't an answer.
12:38Correct.
12:39Two days later is when you send them a text.
12:42I'll start dismantling the bin tomorrow.
12:45Sorry, but the wind has been bad and we haven't been able to work safely in it.
12:49Harvest is about done, so I'll be available.
12:52That was your text on the 19th.
12:54And they respond immediately in your text.
12:56It's not even like 2.50 and then 3 p.m.
12:59It's at the same.
13:00They're like so happy they hear from you.
13:01I appreciate you letting me know and communicating with us.
13:04We understand it takes some time and you're busy.
13:06No worries.
13:07We have a spot for you.
13:08Bop, bop, bop, bop.
13:08Thanks, Dan.
13:09And then no word from you again for 10 days.
13:12Right.
13:13And they're like, oh, I thought I had him.
13:16I thought we were going to be able to get that done.
13:18And again, you're super busy.
13:20This is your busy time of year.
13:22But again, from their perspective, maybe he is going to take our money.
13:27I will tell you this.
13:28I'm somewhat of a super sleuth.
13:30So I want to know what people are, who they are before they come in.
13:33I want to know if people have done shady things in the past.
13:35You know, if you've done something in the past, it doesn't necessarily mean that you're
13:38doing anything right here.
13:40But I want to know if there's a history.
13:42There is no history with you.
13:44There's no other complaints about him.
13:45He's run a good business.
13:47Anything else, we'd be having a much different conversation right now.
13:50So I want to put that out there.
13:51But at the same time, after the seventh day on November 4th, you know, if we don't get
13:56an answer from you, we're going to have to start the process through the courts.
13:59And you responded that night, oh my God, really go ahead.
14:03That was the breakdown.
14:04Correct.
14:05Do I have that right?
14:06Absolutely.
14:07Judge Acker.
14:08It seems that the breaking point was your insistence that he not just give you the
14:13bin or your money back, but you wanted that $70.
14:16Absolutely.
14:17Why were you stuck on that?
14:19Because we didn't hear from him for two months.
14:21So we had to drive to his county.
14:23We had to pay $70 to file.
14:25And only then did he communicate with us.
14:28But we had to pay $70 to even get to this point.
14:30So we wanted that $70.
14:32And your response, sir, was, we'll just go to court, not playing around.
14:36I'm a busy man, feel like I bent over backward.
14:40How would you bent over backwards when they still don't have the property and they're
14:44still out $800?
14:46Judge, when it came right down to it, I offered to deliver it right now to him.
14:50I mean, I was over my busy time.
14:53But things got so contentious because you continue in the text message.
14:56You say, we'll see what the judge says either way.
15:00I'm going to be white about it and get you a refund when this one sells or judge orders
15:06something different.
15:07Now, I know you're probably feeling uncomfortable because you never thought that you'd be in
15:11a situation where the judge was going to be a black woman asking you, what did you
15:14mean by saying I'm going to be white about it?
15:16But I give you my word.
15:18I judge you fairly.
15:19And that's the least of your problems here.
15:21What does that mean?
15:22I'm going to be white about it.
15:24I meant to say, do them right.
15:26And if you look through my text, I have a lot of typos.
15:29You actually do.
15:30You're a terrible typo.
15:31Yeah.
15:31And I just want to clarify that, that there was no pun intended in that whatsoever.
15:35I was really trying to turn the whole thing around and put it into it.
15:39But I still don't believe he would have delivered it, even though if we would have said,
15:42OK, deliver within two weeks, no $70, I still don't truly believe he would have delivered it.
15:46It's been a long time.
15:47Right.
15:47So I don't know that that would have been.
15:48I'd still give them a bit of their choice.
15:50I got 10 of them right now that could have any one they wanted.
15:52So maybe if they win, maybe to make it all right,
15:56you'll throw in some free stuff.
15:58Absolutely.
15:58OK, there we go.
16:00Done.
16:00I have nothing else.
16:01I want to see the videos about how it's moved.
16:03I know we have a couple of videos.
16:04So let's see the couple.
16:05It's a process.
16:06Yeah, I would imagine it is.
16:07Let's just see what you got here.
16:13What am I looking at?
16:14Oh, the inside, right?
16:16Yeah, here we are.
16:17We're taking it and securing it to skids so that we can pull it onto a truck.
16:23Oh, wow.
16:24It's in the inside of it.
16:26I know it looks like a piece of junk, but it's the patine, they call it,
16:29to give it the look.
16:30Yeah.
16:30So they're huge.
16:32They can be.
16:33You have it?
16:34Oh, yes, we might do.
16:35I think, ladies, it's out of time, however, for you.
16:37You know, you might not want that either.
16:40Anyway, thank you all.
16:42I love this case.
16:43I love the whole idea of this Benzebo thing.
16:45And hopefully, you'll go home happy, everybody.
16:48We'll see.
16:49We're going to retire.
16:51Court is now recess.
16:52Parties will be recalled.
17:01Sometimes a breach can be intentional, and I think here there was a breach by the defendant,
17:06but I really think that it was an unintentional breach.
17:08I think there was just a miscommunication.
17:11I think he had every intention of giving it to them at some point in time, but it was on
17:15his schedule.
17:16They, of course, were rightfully concerned that after his disappearing for a couple of weeks here
17:21and there, and they kept wanting to remind them, you know, we're still here.
17:24We're not forgiving.
17:25You know, it's not like we don't want this bin.
17:27We do, so can you please bring it?
17:28Can you please bring it?
17:29I'm not giving them the $70.
17:31We just don't do that.
17:32We don't give them filing fees.
17:34I think they really want the bin.
17:35I feel bad for them because I think they really want it.
17:37If you tell them, perhaps, that the court is not inclined because we don't do the filing fees.
17:43We will if there was some behavior on the part of the defendant that is so outrageous.
17:47We've done that in the past.
17:49But to your point, I agree.
17:51This was just a misunderstanding.
17:52If they knew that, and they still like the idea of a Ben Zeebo.
17:56But they don't want to get it from him.
17:57They don't want it from him.
17:58They get afraid he's going to, like, put a hole in it or something.
18:01I actually don't think he would do that.
18:02Neither do I.
18:03But I understand.
18:05I understand them being concerned, and I don't think he would ever do it.
18:08It's not worth it to him.
18:09This is how he makes his money.
18:11He buys these things and gets them for nothing.
18:13He sells them.
18:14I mean, when you think about taking that apart, that's a lot of work.
18:18And then loading it and putting it together.
18:20And to suggest to them that if you still have a plan of getting a Ben Zeebo, whoever you're
18:24going to buy it from is going to charge you shipping.
18:26You now see what it's going to cost to take down from one place and to ship it to your
18:30home.
18:31At the end of the day, the reason why it fell apart, and I truly believe this, is because
18:35he in his mind heard them say, we're going to put it up in spring.
18:39I am convinced that he heard spring, boom, he shut everything else off.
18:43And they heard, after I get back, that's two weeks.
18:46But he could have said at some point when they are saying, hey, where is it?
18:50Where is it?
18:50You know, just, I thought we said spring.
18:52Like, he never really corrects them either.
18:54In November.
18:54In November he does.
18:55I didn't get spring in real sense.
18:57I got more of when the harvest is over and the wind stopped.
19:00I actually think that he just got busy.
19:02I mean, look, he sources all, we saw all that stuff on his property.
19:06He sources those things.
19:08He gets them ready for sale.
19:10He's delivering things.
19:11I literally think he just got overwhelmed.
19:13I think he got his back up, as people do when they are threatened with a lawsuit.
19:18Yeah.
19:18They get $800 back.
19:20If he was being serious out there, maybe he'll throw in a little kicker.
19:24Because I don't think that he is necessarily as bad a businessman as this exchange and some of
19:29those text messages might suggest.
19:31So, you know, if they want to do business down the road, let them do business down the road.
19:34They come back and they want it.
19:36Why don't you give it to them for the same price?
19:38That's all I would say.
19:39Okay.
19:40We're unanimous.
19:40We're going to give her $800.
19:41Sure.
19:46Court is back in session.
19:47Both parties are reminded that you're still under oath.
19:49Thank you, Cassandra.
19:51You know, I know you both want that bin.
19:53I know.
19:54And you're going to have an opportunity to go buy one,
19:57because we've decided that, not that you were untrustworthy,
20:00but there really wasn't a meeting of the minds with regard to what was going on.
20:05But ultimately, you ghosted them to the extent that
20:07they could believe that they were not going to get the bin or the money.
20:11So we found that you are entitled to your $800, not the $70.
20:17So you were right about that, sir.
20:18They weren't going to get it.
20:19You said, take it to the judges, because we don't give the $70 for the filing fees.
20:24Yeah.
20:24But I do want to say, I don't know if you're going to find one for that price again,
20:28but maybe if you go back, they come back to you,
20:31maybe you'll give them the same thing for the same price.
20:33Absolutely.
20:34Yeah.
20:34We think this was a negligent issue, not an intentional breach of contract by you, sir.
20:39There wasn't a time of the essence discussion here.
20:42And so based on that, you're going to get your $800 back.
20:46And send a picture when you get yours and you put it together,
20:49because I would really like to see what you both do with it.
20:52And that's the verdict of the court, $800 to the plaintiffs. Thank you very much.
20:56Thank you, Your Honor.
20:57If you'd ever like a Ben Zeebo, you might sure like to help you.
20:59I do want one.
21:00Are you going to deliver it?
21:02For a fee.
21:03I mean, really.
21:04And I need it before spring.
21:08Yes, ma'am, I will.
21:09I'm going to hold you to that.
21:11This case has concluded.
21:12All parties are excused.
21:18I was hoping that I could work something out with the gals here
21:20and get their gazebo to them.
21:22But I still would like the grain bin,
21:24but we understand that the integrity is probably not there.
21:27It didn't go my way.
21:28We felt like we were being attacked.
21:29And at that point, we were we were pretty done with him.
21:32The only thing I had ever asked him is who was in charge, you know,
21:35and went from there.
21:36There was way more to it.
21:38I don't think he simply just forgot communication breakdown.
21:41And and, you know, it was a busy time of year for me.
21:43We'll just have to keep looking.
21:45Did someone break an agreement?
21:47Let tribunal justice decide your case.
21:51Find us on social media.
21:55ReANS
21:57.
22:17And what is the bounty of bucks?
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