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Bob MarquetteStandard answers: "I guaranteed they were original, not whether or not they have been altered," "I guaranteed they were 1915 Cracker Jacks not Cracker Jacks issued in 1915," "These cards are for educational purposes only," "Because of ebay policies, since they aren't graded they are sold as is" etc. ad nauseum.
The problem I have with them is that they are glossy as hell and if the guy sells graded cards he would know that he could get a fortune for them if they were graded, why let them go for $1.29? This isn't someone who found them in her great uncle's crawlspace but rather a guy who deals in cards and is knowledgeable about the ins and outs.