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Posted By: warshawlaw

Fraudulently telling the buyer that the card was lost, which is really what everyone is assuming and arguing as the basis for reopening the deal, is impossible to prove in this case. You're never going to be able to prove the negative, i.e., that he did not mail it. No one from the P.O. will testify for you, so his testimony that he did mail it is the only testimony that will be admitted on the issue. Everything else is hearsay or speculation. Once he establishes that he mailed the card, he will prove that he and the buyer entered into a mutual agreement to cancel the sale based on the card's loss. You also will never be able to prove that he did not get it back subsequent to the sale being cancelled, since only he would know that fact.