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Originally Posted by Peter_Spaeth
It's a weird case because the statement was true when made and when the buyer agreed to pay and the contract was formed. It becomes false by virtue of a later event. Is that a misrepresentation, or a changed circumstance excusing performance? I understand your point of course, it just feels like the latter to me. The contract was valid and enforceable at formation.
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You are also pre-supposing there will be another Brady touchdown. But 2 months from now, he might change his mind and re-retire, or worse, he could get injured and not be able to play again.
When you are saying the "last touchdown" is no longer a true statement regarding that football, you are essentially making a guess regarding future events.
I mean, conceivably, Barry Bonds could pull a Minnie Minoso, come back to play one more ML game, and hit another home run. So, the state of Bond's final home run ball isn't fully secure until Barry passes away.