Quote:
Originally Posted by oldjudge
Peter--I'm no lawyer, but didn't Eric have a contract. To cancel the contract wouldn't Eric have to agree? If it was cancelled unilaterally by the seller, and Eric loses money buying a new Mantle, can't he sue for damages?
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From the legal standpoint, there was most certainly a binding contract which is enforceable, and either money damages or specific performance (compelling a transfer of the Mantle at issue to the buyer) is in order. Specific performance may depend upon whether or not this particular card is considered unique. In a more practical context, almost anything that goes into litigation will ultimately entail at least 12-20 hours of legal time, at approximately $200/hr. or so as the attorney's fee. Unless you can go through small claims court, the lawyer is the only real winner.
Also from a more practical standpoint, the failure of the seller to fulfill his promise to sell upon completion of the transfer of the funds will, as a virtual certainty, reflect so poorly upon him that those who are aware of this failure will refrain from engaging in any transactions with him.
Conclusion: It's time to deliver the card, Dan, with no more BS.
Most sincerely,
Larry