On the morning of the start of the job, Theresa Rosen writes a check for $$2,500\mathrm{.}00$ plus the additional fee for the splitting and chopping for a total of $$4,500\mathrm{.}00.$  She gives this check to Tim, who tells her that the entire job will be completed today $($they already have one tree down$).$ Theresa leaves for work. She tells Tim that she will come back during her lunch break and that Richard would also stop by during the day.

As happens, both Theresa and Richard$’$s days wind up being extremely busy and neither stops home during the course of the day. When they do return home, they see that only two of the trees have been cut down. The wood has been chopped $($they can tell because there is saw dust and small wood chunks all over their yard$),$ but all of the wood from the two trees is gone. Neither of the stumps have been ground and the remaining $8$ trees that were to be removed are still standing.

Theresa and Richard call Timberrr and get no response. They call Tim on his cell phone and get no response. They continue to call and even stop by Timberrr$’$s office a number of times over the next two weeks. They try to stop payment on the check that Theresa gave to Tim, but discover that he cashed it almost immediately after she left for work. They also discover, after contacting the police, that the references they spoke to were fake and were in fact Timberrr employees posing as former customers.

Knowing what you know about contracts, the statute of frauds, and mutual mistake, please explain what the issues are here and what recourse if any the Rosens have in civil court. Assume for your response that the police find Tim.