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Tamaqua man wins arbitration award

Published March 23. 2010 05:00PM

The claim by a Tamaqua man to regain a downpayment made for the purchase of a trailer after the transaction was never completed was upheld by a board of arbitration after a hearing held in the Schuylkill County Courthouse.

Angel Rodrigues, of 1926 Long Run Road, Schuylkill Haven, had appealed a judgement entered against him by Magisterial District Judge Stephen Bayer, of Tamaqua, awarding damages to John Sinkiewicz, who is owner of the Sienkiewicz Construction Company in Tamaqua. The arbitrators upheld the ruling by Bayer awarding Sienkiewicz $1,237.87 plus costs.

The hearing was on the appeal of Rodriguez from the decision rendered by Bayer last October and the award was based on a contract to sell a 16 foot car trailer by Rodrigues to Sienkiewicz. According to the testimony in February 2008 the parties entered into an agreement whereas Sinkiewicz was to buy the trailer from Rodrigues for $1,200. He gave him a downpayment of $750 with the balance to be paid when he received the title.

In April 2008 Sienkiewicz allowed Rodriques to borrow the trailer to haul a vehicle but that Rodriques never returned it and sold it to another party. Sienkiewicz claimed he never received back his downpayment.

Rodriguez denied any breach of agreement claiming Sienkiewicz failed ot pay the balance after promising to do so and claimed he had the right to regain possession and do whatever he desired. The arbitrators disagreed.

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