Posted By:
Josh K.Jeff,
I dont think Kyle ever planned on suing. I also think all the lawyers who have commented recognize the monetary aspect of this case would make suing highly unlikely. As I commmented in my first post: "Of course, this all would require a lot of money which ultimately might make the whole idea of suing cost prohibitive."
Rob - you are wrong to assume it couldnt be "proved". In fact, you dont need to prove with 100% certainty that the seller is lying about mailing the card. You only need a jury to believe the buyer's story the slightest bit more than the sellers explanation. This is called the "preponderance of the evidence." The jury is free to believe who and what they want.