Posted By:
Josh K.Dan,
Much like you will never find a rule that a "tie goes to the runner," you will never find a law that actually says possession is 9/10s . . .
Regardless, this does not involve a situation where s/o found something or simply had it in his/her possession and someone else claimed it as their own. This is a matter of contract. An agreement to sell something. Retaining what you agreed to sell is a breach of contract and you can be held liable for it.
Now knowing more about the numbers in this case, I would submit that had Kyle actually won the cards for $1300, his damages would be $1140 (what he now has to pay less the original offer). You could even argue that his damages would be the amount it might cost him to replace them (I think someone above said they were worth about 3k) less the amount he should have gotten them for (160).