Larry Foster I had not posted anything about our previous business agreement and had no plans to do so until you posted you remarks yesterday.
x06col you have the facts skewed.
Last summer I e-mailed you concerning your EO add selling Argosy your response asked if I wanted to buy Foster Trucking as you were tired of the entire BS and you wanted out of the business. We talked back and forth numerous times and it was decided I would drive to your home in Greensburg, IN and stay there as your guest and begin to learn the business.
We agreed on price for Argosy and Foster Trucking authority and payment schedule. The curtainside your son-in-law drove would remain owned by you leased to Foster Trucking receiving not the customary 75% but 85% of load as a favor to you and the fact that your son-in-law would locate vast majority of his loads. During this time you listed Argosy for sale in Truckpapers.com and Truckpaper newspaper. When I asked you why you would do this as we had agreed I was already buying Argosy? You said it would draw more people and we may get chance to add additional O/O and drivers to Foster Trucking. Like waving a carrot under the horse’s nose. I shrugged this off taking you at your word. Over a 3 week period I learned many facets of owning ones authority and realized this would be a long process. I enjoyed the company of you and your wife and I took you your wife, daughter, son-in-law and grandson to dinner and on several occasions bought groceries, cigarettes and beer for you as a token of my gratitude for your hospitality. I was very excited about the prospect of owning my own authority and took meticulous notes about our conversations and business procedures. It was a happy period in my life.
We were attending the Expediters Expo and shortly after Expo I would return home to attend my daughter wedding then return September 15 to finalize transaction and stay an additional 3 months as your guest learning more about the business. You had agreed you would be available after that time to assist when needed. You & your wife were planning to take your RV and tour the US in style. While at the Expo I talked with many drivers and O/O about coming on board with Foster Trucking. One prospect I spoke to drove for DJ Trucking who had approximately 40 trucks with several carriers and they may be interested in coming on board with Foster Trucking. I was deeply concerned about bringing on that many trucks right away so I asked if you would talk to DJ Trucking as I was unsure what to say and as yet didn’t know enough to speak with them about business. I left to talk with more prospects as well as enjoy company of the folks hanging out and visiting displays while you called DJ Trucking. Later that day you said there will be further conversations with them and the prospect was good they would be coming on board. You said it was best if you handled future contacts with DJ Trucking and once again I took you at your word. You mentioned I hit a homerun here with these folks coming on board but I was still very skeptical of an influx of that number so soon. You said there was ways of doing it that would soften the large number coming aboard. We would have many conversations over the next weeks about developing such a plan.
The Argosy was parked in your driveway as team had been let go as they weren’t being productive and made several poor business decisions costing you substantial revenue. We spoke about letting them go and you had agreed so when they arrived at your house I told them they were released as you were in town on business or running errands. I purchased more than $100.00 in equipment and supplies for Argosy and placed them in truck which I had cleaned and straightened out existing gear threw away a lot of junk and debris that had accumulated from previous teams plus caulked sections of box roof. While cleaning Argosy an illegal substance was located in sleeper area left behind by a member of the dismissed team. Luckily they were terminated or an ugly situation could have occurred if when stopped by police or DOT and substance was located. I shutter to think of the consequences.
It was understood that both of us would search for a new team and before leaving we had spoken to several prospects including one that came to visit us at your home on pretense you would sell this person the Argosy. When he arrived he was told to come onboard as a driver as part of Argosy team with another former Foster Trucking driver you knew. As it turned out neither driver came on board.
For weeks we talked what I was going to do with Argosy and business so the day I was leaving your home for mine in NJ you signed over the title of the Argosy to me and gave it to me. We had agreed I would take title back to NJ become incorporated set up necessary accounts and forward the agreed price back to you. During this time both of us would search for new team for Argosy and you had even mentioned you may take it on the road and make runs. As I loaded the last of my gear in my vehicle you pulled me aside and said your wife was very uncomfortable with the fact I wasn’t paying for truck right away. Several years ago someone apparently stole $50,000.00 from you folks and she was concerned it may happen again. We had talked about giving me title several times before I left for NJ so I was confused why the change in plans at the last minute? Not to cause problems at home for you I agreed to give back the title and send check after accounts were set up as we had previously agreed upon.
Two weeks or so go by and we were having regular conversations concerning what I was going to do when I returned. Then I get a phone call from Dave Manley the D in DJ Trucking saying he overhead you talking to me about my plans when I returned in September. This occurred as you were visiting DJ Trucking at their office in Perrysburg, OH finalizing sale to them. Dave Manley told me when he first talked with you during Expo you made them an offer to purchase Foster Trucking authority and equipment and that he and his father had had many conversations concerning purchase of Foster Trucking with you.
Dave apologized and said if he had known I was already in process of buying Foster Trucking he would never had proceeded. I told him it was obvious I was finished with Foster Trucking and wished them luck dealing with you.
DJ Trucking owners met with you a few days after I left your home and began process to purchase Foster Trucking. You traveled to there business office in Perrysburg, Ohio and continued to work on process. They signed on a few trucks with Foster Trucking to learn the system. I was told by several people you sold Argosy to some person in California to be destroyed in a movie? You did sell it but to whom and what was going to happen to it who know what is the truth? Or better yet who cares.
I called you and asked why were you deceitful when dealing with me and why couldn’t you had been honest and forthright. If you wanted to sell the Argosy and or Foster Trucking to another please let me know upfront that is all I ask. You were silent and even though I was upset I wished the best in you life and truly hope you got everything you needed in life. To this day I truly feel the same.
Further phone calls with Dave Manley revealed that DJ Trucking weren’t getting properly paid for services they preformed as agreed upon with you and they severed business ties with Foster Trucking.
I noticed you once again have Foster Trucking up for sale.
GREAT OPPORTUNITY: Small Expedite Company For Sale
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Expires On: 12/11/2006
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Category: Business Opportunity
Ad Number: 7486
Date Posted: 11/11/2006
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Expedite Company For Sale With or Without Equipment. Interested?? Reply by EO Below
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Name: Larry Foster
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City: Greensburg
State/Province: Indiana
Zip/Postal Code: 47240
Country: usofa
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E-Mail Address: Reply to EO Ad
Here is your post from yesterday:
x06col
Charter Member
450 posts
8 feedbacks
7 points
33. "RE: Almost ready to head out"
Dec-28-06, 10:18 PM (EST)
In response to message #32
Congrats. Sounds like you have it scalded. Just don't get cold feet this time, when they have the title wavin under your nose.
You said; “Just don't get cold feet this time, when they have the title wavin under your nose.â€
That was not the case with the Argosy at all and you know that to be the truth.