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Old 07-09-2018, 08:15 AM
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Peter Spaeth
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Default Ed Kranepool sues Beckett/Goodwin

http://www.nydailynews.com/new-york/...705-story.html

Correction: he didn't actually sue Goodwin personally but the lawsuit focuses on his dealings with Goodwin.
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Last edited by Peter_Spaeth; 07-09-2018 at 08:18 AM.
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Old 07-09-2018, 08:33 AM
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Quote:
Originally Posted by Peter_Spaeth View Post
http://www.nydailynews.com/new-york/...705-story.html

Correction: he didn't actually sue Goodwin personally but the lawsuit focuses on his dealings with Goodwin.
There is a thread in the memorabilia section.
http://www.net54baseball.com/showthread.php?t=257236
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Old 07-09-2018, 08:35 AM
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Default Weird

It’s hard to believe that Kranepool would just make up this whole story out of whole cloth, but also hard to believe that Goodwin could think he could get away with claiming he never saw the jersey. I’m not sure what to think, but I’d be interested to hear everyone’s thoughts.
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Old 07-09-2018, 08:46 AM
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Beckett has moved to dismiss, relying on the statute of frauds because there (apparently) is no written contract.
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Last edited by Peter_Spaeth; 07-09-2018 at 08:47 AM.
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Old 07-09-2018, 09:10 AM
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Quote:
Originally Posted by Peter_Spaeth View Post
Beckett has moved to dismiss, relying on the statute of frauds because there (apparently) is no written contract.
That should fail, or would here in AZ (part or in this case whole performance). It appears he could also amend to allege conversion as an alternative cause of action--again, he could in AZ. That would allow for a claim of punitive damages.
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Old 07-09-2018, 09:15 AM
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The complaint begins by claiming conversion of the jersey, but for some reason does not assert it as an actual count. And I agree, I would think Goodwin's (alleged) taking possession of the jersey would take the case out of the statute of frauds which applies to alleged executory contracts as I recall.
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Last edited by Peter_Spaeth; 07-09-2018 at 09:21 AM.
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Old 07-10-2018, 02:35 PM
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Quote:
Originally Posted by Peter_Spaeth View Post
The complaint begins by claiming conversion of the jersey, but for some reason does not assert it as an actual count. And I agree, I would think Goodwin's (alleged) taking possession of the jersey would take the case out of the statute of frauds which applies to alleged executory contracts as I recall.
Yes, Kranepool's part performance by delivering the jersey (his affidavit of doing so should be sufficient to defeat a motion for summary disposition) would take it out of the statute of frauds requiring agreements relating to the sale of goods over $500 to be in writing.

Further, I've personally had numerous dealings with Bill Goodwin over the years, both consigning and buying, and have always found him to be straightforward, honest, and above board.

Best wishes,

Larry

Last edited by ls7plus; 07-10-2018 at 02:40 PM.
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Old 07-09-2018, 09:25 AM
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What if Ed has pictures of the jersey and can prove he was owner of the jersey until turning it over for auction? Has the AH indicated where the jersey came from? It didn't just appear in thin air. Someone's going to get hosed on this one....
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Old 07-09-2018, 09:42 AM
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Default jersey has disappeared, hasn't it?

I think the auction house claims it never got the jersey. Where did it go?
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Old 07-09-2018, 09:48 AM
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I have no idea what the truth is in this case, but the story reinforces that when dealing with any auction house have EVERYTHING that is agreed to in writing, and be sure to carefully read the auction house contract and strike out any troubling clauses.
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