Posted By:
Corey R. ShanusWP asks if the winner would be able to take action against MHCC for misrepresentation.
Here is what MHCC said about the uniqueness of the card: "It is not often within the organized hobby of Sports Collectibles that one can be nearly assured that an item is one of a kind or unique, but after performing our due diligence in regards to research, we are confident that this is the one and only example of a 1911 T5 Pinkerton cabinet of Joe Jackson extant.....As previously mentioned, we thoroughly researched the item, as well we discussed the item with many collectors and long time hobbyists and have come to the conclusion that this is the only example known of this extremely rare card."
My answer to WP is I don't know, though I imagine it will become an issue exactly how MHCC performed its due diligence as well as whether the winnning bidder and underbidders relied on MHCC's representations of uniqueness in deciding how high to bid. Perhaps some of the attorneys on this Board might have further insights. I will add, though, that if I were the winning bidder I would be VERY unhappy in light of the underbidder publically stating that the only reason he valued the card as high as he did was because of his belief the card was unique. I would be going to MHCC asking that they refund the portion of the winning price in excess of the amount one bid higher than what the highest underbidder who bid in nonreliance of MHCC's representations of uniqueness was willing to pay.