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Tom NievesI've been unable to locate SCP's Terms for this auction, but I suspect that you will likely find something in there similar to this excerpt from Memory Lane's Auction Terms:
8) Inquiries concerning condition are strongly advised. Internet and/or catalog pictures should NOT be used to determine condition or grade as in some instances pictures have been cropped or enlarged in order to provide the best possible representation of an item within the scale restrictions of the medium. We will be happy to provide detailed telephone descriptions as well as photocopies of lots upon request. Lots are also available for viewing, by appointment only. Telephone inquiries regarding condition as well as viewing appointments must be made prior to the auction closing date. Due to the heavy volume of calls on the auction closing date, condition inquiries will NOT be considered on the auction closing date.
If so, Ryan has no case. Actually, even without that, I don't believe Ryan has a case here.
What are the damages to Ryan? Look no further than Ryan's 10:14 PM post from September 6, 2007 to determine the damages.
Ryan wrote: "Had they offered me a full refund two weeks ago, I doubt I would have taken it. And that would be that. They would have done the right thing by offering a refund, even if I didn’t take them up on their offer. I bid on this photo because I want to keep it."
If Ryan was not interested in taking a full refund for this item, he is essentially saying that he would prefer to have this item (as is) instead of his 10k. Therefore, the damages to Ryan are zero.
The unfortunate irony of this situation is that there could possibly be a case here -- a libel/defamation case against Ryan.