Memory Lane sold cards they didn't have per SCD

[Mark17]

Originally Posted by Peter_Spaeth

Who was damaged, and in what amount?

Peter, I'm curious about something. Suppose an AH, to generate interest (which would benefit the consignors,) lists in its auction a T206 Doyle error card, which it doesn't actually have. After the auction ends, the winner of the Doyle is told, sorry, they aren't getting the card because the AH doesn't have it.

If your standard is as above, would this scenario be ok? If nobody was damaged, then no problem, right?

I realize of course this is not what happened with ML, in terms of initial intent, but the central fact (a card at auction couldn't be delivered to the eventual high bidder) is what the ML auction evolved into once the theft occurred.

Anyway, in my hypothetical: "Who was damaged, and in what amount?"