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Old 04-01-2008, 12:38 PM
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Default PSA vs. SCG -- Discount Valuation

Posted By: CoreyRS.hanus

Your damages would be to put you in the same position you would have been in had the grading company not missed the alteration when you first submitted the card. That would be then $200 plus accrued interest thereon (and the grading company would be entitled to sell the card and retain the proceeds). You would not be entitled to lost profits (i.e., the difference between what you paid for the card and what it is worth today). The reason for that is if the grading company had detected the alteration at the outset, you would never have purchased the card and therefore would never have had the opportunity to earn that profit. In regard to an argument that you would have put the $200 into another card that would have similarly appreciated, damages such as that would be regarded as too speculative and therefore unawardable.

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