weekes forest products

The private shareholders of Dolmen Engineering have sold the company to NIRAS. On 2 December 2021, CFE announced its intention to split the Group into two separate listed entities: CFE, a multidisciplinary, integrated group addressing attractive growth markets in Belgium, Luxembourg and Poland. Because the fax-transmission information shows that the guaranty was sent and received sometime between July 9 and July 15, 2003, and because no credible evidence was presented to support a claim that it was signed at any other time, it is reasonable to conclude that appellant signed the document on July 15. In June 2003, during a review of Windsor's accounts due to Windsor's declining financial position, Schulz discovered that the May 2002 personal guaranty had expired. While on the phone, appellant asked Schulz why he should sign the guaranty, to which Schulz replied that he would no longer extend credit to Windsor without the signed guaranty. Further, with the fax-transmission information on the guaranty showing that it was signed sometime between July 9 and July 15, 2003, appellant offers no explanation to the contradiction in his testimony that the document is dated "2/15/03" and that it is not his practice to backdate documents. Due to the dispute regarding whether the document is dated "2/15/03 or "7/15/03" and when appellant actually signed the document, the district court was correct in conducting an analysis regarding an existing ambiguity. Johnson Lumber Mfg. Considered and decided by Peterson, Presiding Judge; Worke, Judge; and Crippen, Judge. It operates a multi-regional network of autonomous distribution centers positioned in several large and growing markets across the US. decking cumaru fencing ICC Leasing Corp. v. Midwestern Mach. Respondent's CFO is Gary Schulz. Based on the fax-transmission information on the guaranty, the district court concluded that the guaranty was signed sometime between July 9 and July 15. "The construction and effect of a contract are questions of law for the court, but where there is ambiguity and construction depends upon extrinsic evidence and a writing, there is a question of fact for the [fact-finder]." This opinion will be unpublished and may not be cited except as provided by Minn. Stat. Weekes Forest Products is the leading distributor of specialty building materials, commodity and MSR lumber, engineered wood components, and industrial materials. Corp., 257 N.W.2d 551, 554 (Minn. 1977). P. 52.01 (stating that "due regard" must be given to the district court's credibility determinations). art. Tropical strives to meet every client's need with quality lumber, deliver products on time, maintain commitment to client service, and maintain the best prices in the market. On appeal from a judgment in favor of respondent following a court trial in a lawsuit to collect on guaranties, appellant argues that the district court erred by (1) construing the written guaranty contrary to its unambiguous terms; (2) finding that appellant did not intend that the personal guaranty expire on a particular date; and (3) concluding that the personal guaranty was signed on a particular date rather than on the date written in the agreement. Schulz informed appellant that no further credit would be extended without a signed guaranty. That same day, the signed guaranty was faxed back to Schulz. "On appeal, we must decide whether the [district] court was correct in finding ambiguity and, if so, whether proper interpretation was given to the language used by the parties." Therefore, the district court did not err in finding that the guaranty was signed on July 15. Its team is made up of passionate people who love everything about forests and their survival. Respondent argues that appellant's intention that the guaranty expired on February 15, 2004, is not found in the guaranty. 27-CV-04-015889. That same day, a signed personal guaranty was faxed back to Schulz, along with the original cover sheet. To earn the name Black Label, every board and hardware accessory must be Premium Architectural Grade or above. And the district court found that appellant's testimony regarding when he signed the guaranty and his intentions regarding the handwritten notation "Expires [one] year from Date signed" was not credible. All rights reserved. Dedicated to sustainability, all Black Label hardwoods are carefully and 100% legally sourced from South America. The company serves as a critical link between its highly diversified base of vendors and channel partners. Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. Appellant argues that the district court erred in finding that appellant did not intend the personal guaranty to expire on February 15, 2004, pursuant to the handwritten notation on the guaranty that it "Expires one year from Date signed." Each of these product groups are supported by our team of experienced specialists, who are considered the best in the industry. The signed guaranty included a handwritten notation that the guaranty "Expires 1 year from Date signed.". Appeal from the District Court, Hennepin County File No. Blackburn, Nickels Smith, Inc. v. Erickson, 366 N.W.2d 640, 643-44 (Minn.App. P. 52.01 (stating that "due regard" must be given to the district court's credibility determinations). Appellant argues that the district court erred in finding that the guaranty was effective from the date the document was signed on July 15, 2003. Between May 2004 and July 2004, Windsor accrued an unpaid balance of $62,390.01. When typing in this field, a list of search results will appear and be automatically updated as you type. The district court denied appellant's motion for amended findings, and this appeal follows. DEME has a modern fleet of multipurpose vessels equipped with state-of-the-art technology. Oaklins. 480A.08, subd. You can revoke your consent any time using the Revoke consent button. Schulz testified that he faxed the guaranty on July 9; however, the fax transmission shows that it possibly occurred on July 10. However, the district court found Schulz's testimony that the continued shipments were an oversight because he did not realize that the guaranty had expired, to be credible. 1985), review denied (Minn. June 24, 1985). Founded in 1902, Snavely Forest Products is a recognized leader in the wholesale lumber and building products industry, delivering superior material, exceptional service and market expertise to customers both near and far. Co. Learn more about the superior line of Black Label tropical woods and accessory products athttps://blacklabelwood.com. Environmental, Social and Governance (ESG), HVAC (Heating, Ventilation and Air-Conditioning), Machine Tools, Metalworking and Metallurgy, Aboriginal, First Nations & Native American. However, appellant offers no explanation for why he would have dated the guaranty "2/15/03" when the first guaranty did not expire until May 19, 2003. 2022 Construction & Engineering Services | Industrial Machinery & Components, Dolmen Engineering has been acquired by NIRAS, Construction & Engineering Services | Healthcare, Inman S.r.l. The district court did not err in finding that the guaranty was effective as of the date signed July 15, 2003. The integration will enable the two companies to strengthen their positions within the European life science and food & beverage sectors and offer a fully integrated suite of services. Schulz testified that on July 9, 2003, he faxed a new personal guaranty to appellant to sign. Appellant also claimed that the date on the document is "2/15/03" not "7/15/03." Oaklins is the collective trade name of independent member firms affiliated with Oaklins International Inc. For details of the nature of affiliation, please refer to www.oaklins.com/legal. Founded in 1978, the company's sales and manufacturing network stretches over 13 states with 10 offices, seven distribution centers and two remanufacturing facilities. The brand's lumber portfolio consists of Ipe, Cumaru, Jatoba, Garapa, Angelim and Tigerwood, with a variety of applications ranging from decking, cladding and ceilings to timber sizes and architectural millwork. Whether a contract is ambiguous reasonably susceptible to more than one construction is a question of law, to which the reviewing court owes no deference to the district court's determination. Respondent Weekes Forest Products, Inc. is a supplier of lumber and other building materials. Appellant testified that it was his practice to limit all personal guaranties to a one-year term to ensure that no indefinite obligations were created. It focuses on four segments: real estate development, construction and renovation, multitechnics and investments. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Turner v. Alpha Phi Sorority House, 276 N.W.2d 63, 66 (Minn. 1979); see also Donnay v. Boulware, 275 Minn. 37, 44, 144 N.W.2d 711, 716 (1966) (stating if a writing is ambiguous, the court may look to extrinsic evidence and construction then becomes a question of fact, "unless such evidence is conclusive"). One of Oaklins' teams in the USA served as the exclusive financial advisor to the seller in this transaction. A06-1081 (Minn. Ct. App. from 8 AM - 9 PM ET.

L.L. Taking into account the age, size and productive wellbeing of the forest, trees used to produce Black Label's lumber are methodically chosen and harvested. Because the evidence supports the conclusion that appellant signed the document between July 9 and July 15, and the district court's finding that appellant's testimony was not credible, the district court did not err in finding that there was no credible evidence to support appellant's claim that he intended the document to be effective from February 15, 2003 to February 15, 2004. "The Black Label brand offers its customers above architectural grade lumber to achieve their vision," said Brian Lotz, Technical Director for Tropical Forest Products. If the document is in fact dated "2/15/03" as appellant claims, then appellant backdated the guaranty, in direct contradiction to his claim that it is not his practice to do so. The brand sets a new level of quality for the industry with impeccable strength and impressive performance in every product, thanks to Black Label's kiln-dried process. While there was no specific finding by the district court that the guaranty was ambiguous, it is clear from the district court's analysis that it believed that there was an ambiguity. Finally, if appellant intended the document to expire on February 15, 2004, he could have so noted in the same way he did in the May 20, 2002 personal guaranty "Unless renewed in writing this Guaranty shall expire on 5/19/03.".

The result is the same regardless of the date. Appellant argues that the district court erred in finding that the guaranty was signed on July 15, 2003, because the guaranty is dated "2/15/03" and includes a handwritten provision that it "Expires [one] year from Date signed." Apr. Appellant contends that this is in direct contradiction with Schulz's testimony that he would not extend credit if there was no personal guaranty in place. During the conversation, appellant asked Schulz why he should sign the personal guaranty. Appellant Ronald Wald is the former CEO of Windsor Homes, Inc (Windsor). As previously stated, it was reasonable to conclude that the guaranty was signed on July 15, 2003. Over the course of several years, Windsor purchased materials, primarily lumber, from respondent on credit terms. Based on the plain language of appellant's handwritten notation on the guaranty, it "Expires [one] year from Date signed," which would be one year from July 15, 2003 the date appellant signed the guaranty.

Learn more about Weekes Forest Products by visitingwww.weekesforest.comor call 651-644-9807. Following a trial, the district court found appellant jointly and severally liable for the amount already awarded to respondent against Windsor. The district court also concluded that appellant's testimony was not credible, and credibility determination are left to the fact-finder's discretion. DEME is a global marine solutions provider and is active in offshore energy, dredging and infrastructure, environmental and concessions. 3 (2004). David Bradley Olsen, Court J. Anderson, Henson Efron, P.A., Minneapolis, MN 55402 (for appellant). has been acquired by Marco Giovannini. VI, 10. 10, 2007). ", Appellant claims that he intended, by the plain language of the guaranty, that the guaranty would be effective for one year beginning on February 15, 2003. Cision Distribution 888-776-0942 The private shareholders of Snavely Forest Products, Inc. have sold the company to Weekes Forest Products, Inc. After numerous attempts to get Windsor to pay the outstanding amounts, respondent filed a complaint against Windsor and appellant based on the personal guaranty. "Expanding our distribution network with Weekes Forest Products will help us meet rising industry demand for certified sustainable tropical hardwoods. See Minn. R. Civ. Finally, appellant testified that it is not his practice to backdate documents and this statement was confirmed by other evidence. The district court granted summary judgment in favor of respondent against Windsor for $62,390.01. On May 20, 2002, appellant signed a personal guaranty for products purchased on credit by Windsor from respondent, which included a handwritten notation that "Unless renewed in writing this Guaranty shall expire on 5/19/03." We affirm. About Tropical Forest ProductsTropical Forest Products, a leading hardwood distributor that operates throughout the United States and Canada, was founded with the belief that acquiring lumber of superior quality should be easy and ethical. Appellant testified that he did not sign the document on July 15, 2003, but did not remember when he signed it and failed to present any evidence regarding when it actually was signed. It is undisputed that Schulz faxed a blank personal guaranty to appellant on either July 9 or 10. Further, there is no credible evidence to support appellant's claim that the date on the document is "2/15/03," and that he intended the guaranty to be effective from February 15, 2003, to February 15, 2004. But the district court found that a genuine issue of material fact existed as to whether the personal guaranty appellant signed was in effect. Learn more about Tropical Forest Products at https://WeAreTropical.com or call 905-672-8000. The signed guaranty and cover sheet reflected the machine-printed date and time of the fax transmission from Schulz to appellant on July 10 on each page. Appellant also argues that if the guaranty was dated "7/15/03" as respondent claims, then there was no personal guaranty in effect from May 19, 2003, when the first guaranty expired, to July 15, 2003. BlackLabelprovides a complete marketing and promotional support program along with a very strong online presence,all withthedealer,contractor,architect, designer and homeowner inmind. Finally, based on all of the other evidence, the fact that the document was signed on the 15th of the month under either party's argument weighs in favor of the document being signed on July 15 rather than February 15. On July 15, after receiving no response to the fax, Schulz contacted appellant. Because there is a discrepancy regarding whether the document is dated "2/15/03" or "7/15/03," an ambiguity exists regarding what appellant intended by the handwritten notation, "Expires one year from Date signed. to Marco Giovannini. Make your practice more effective and efficient with Casetexts legal research suite. See Minn. R. Civ. When he received no response, Schulz contacted appellant on July 15. ", "Weekes is excited to offer Black Label's curated lumber collection," said John H. Lesher - Regional Vice President, Weekes Forest Products. "The addition of Black Label to our product line will provide our customers with beautiful lumber options for any application.".

Further, based on appellant's question to Schulz during their July 15 conversation regarding why he should sign the document, and the fact that the signed guaranty was faxed back to Schulz later that same day, it is reasonable to conclude that the guaranty was signed on July 15. Robert A. Judd, Jeffrey S. Nicolet, Wagner, Falconer Judd, Ltd., Minneapolis, MN 55402 (for respondent). About Weekes Forest ProductsFounded in 1978, Weekes Forest Products is a leading distributor of specialty building materials, commodity and MSR lumber, Engineered Wood Components, and industrial materials. The top of the signed guaranty contains fax-transmission information showing that the signed guaranty was the same blank guaranty that Schulz faxed to appellant several days earlier. Pompilio Bettinelli has sold his 50% stake in Inman S.r.l. TORONTO, June 1, 2022 /PRNewswire/ --Tropical Forest Products has announced that its premium Black Label brand of Ipe and other tropical hardwoods will expand distribution in the upper Midwest and Southeast through a partnership with Weekes Forest Products, based in St. Paul, Minn. Weekes will distribute the full line of Black Label products through its seven distribution centers. No. Full title:Weekes Forest Products, Inc., Respondent, v. Windsor Homes, Inc., a.
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