Posted By:
Kenny ColeJosh,
I don't really need to do the ass thing anymore. You have no response, other than arguing that a lie about the cost of a card, intended to decieve the purchasr, is not material, and have done it quite well. I suggest that others might disagree with your take. In that regard, IMO, you are the ass. If others feel differently, that's OK too.
Your postition is that lying is OK if it isn't material. Hello!!! People buy cards based upon the representations about: 1) the conditon of the card; and sometimes 2) the cost of the card. When a representation about the cost of the card is made in order to kick the sales price up, the cost of the card is material. As I said before, I would get summary judgment on your ass if that was the best you could do. Your argument is pathetic.
Kenny Cole
BTW Josh, I have gotten summary judgment on the issue of the existance of fraud once, and sort of got it, by way of motion in limine, once again. You still have to go try the damages, but I'm Ok with that. Nuff said. Have a good day.
Kenny Cole