Quote:
Originally Posted by FrankWakefield
The buyer's purpose isn't frustrated, he can pay for the ball and have it. His frustration is in not considering that Brady could return. Which he hasn't done yet. That won't happen, if at all, until this fall. I think the auction house will want to be paid before the season starts.
Peter, maybe you're blurring things. The buyer bid on this last touchdown ball expecting it to be the last touchdown. That won't be known for certainty for possibly yearsj. (Brady could get hurt in a preseason game, and he might not return to play until the 2023 season, or later!) NO event has occurred. It's just his fear of occurrence. Announcing a return doesn't devalue the ball. Neither does returning. A touchdown pass would. The auction house and the buyer don't have any contract about Brady not returning as a player, that's not implied. (I don't know that, I've not gone to the auction's site to read their terms and conditions... I just know I've never read anything in any of those terms that had anything about a player's return to the profession.)
As to #3, the buyer isn't at fault.
Now turn all of the around and you do the analysis for the seller. Is he at fault?
Goodnight, guys.
I am smiling at thinking of Dizzy Dean, who left the broadcast booth near the end of the 1947 season to pitch for the St. Louis Browns. He had been complaining about the team's lack of pitching on the air, saying he could do better. Dean suited up in 1947, years after retiring. He started the game, went 4 innings, pitched well, and he got a hit.
I think the buyer, by bidding, has won that lot and will need to pay soon... the auction house and the seller won't wait 6 months uless they all three do that in an effort to settle the mess. Buyer's gotta pay. This potentially would be a half mil case of buyer's remorse.
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No, the seller is not at fault, but neither was the owner in the Coronation Cases. Plaintiff v defendant, someone wins, someone loses, the court isn't going to play King Solomon. Probably no mandatory mediation in England in those days haha.
As to your other point, the fact that the ball is probably now virtually worthless (seriously, what are the chances realistically Brady won't throw another TD, VERY slim) to me does show his purpose has been frustrated. I suppose I wouldn't be against holding the case in abeyance until that happens, if it would make anyone feel better.
As always, enjoy your perspective.