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Reload this Page some more red meat for all the N54 moralists
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  #1  
Old 01-13-2018, 04:53 PM
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If Mike were to sue Buckler and win, would Buckler be responsible for Mike's attorney fees?
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  #2  
Old 01-13-2018, 05:03 PM
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Quote:
Originally Posted by oldjudge View Post
If Mike were to sue Buckler and win, would Buckler be responsible for Mike's attorney fees?
No.
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  #3  
Old 01-13-2018, 05:28 PM
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No.
Depends on the state whose substantive law controls. In AZ, breach of warranty arises out of contract, and successful parties to contested actions arising out of contract can recover attorney's fees.
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  #4  
Old 01-13-2018, 05:34 PM
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I assume Mike could sue in PA. Does anyone know PA law?
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  #5  
Old 01-13-2018, 05:39 PM
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I assume Mike could sue in PA. Does anyone know PA law?
Why would you assume that? Isn't Chris in KY? And the sale took place in NJ right?

I am told the sale was not in NJ, my mistake, the purchase was made before the show where Zach saw his missing cards.
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Four phrases I have coined that sum up today's hobby:
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Stuff trumps all.
The flip is the commoodity.
Animal Farm grading.
Last edited by Peter_Spaeth; 01-13-2018 at 07:06 PM.
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  #6  
Old 01-13-2018, 05:48 PM
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Why would you assume that? Isn't Chris in KY? And the sale took place in NJ right?
Of course, choice of forum would not necessarily equate to choice of law, either
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Now watch what you say, or they'll be calling you a radical, a liberal, oh, fanatical, criminal
Won't you sign up your name? We'd like to feel you're acceptable, respectable, presentable, a vegetable

If we are to have another contest in the near future of our national existence, I predict that the dividing line will not be Mason and Dixon's but between patriotism and intelligence on the one side, and superstition, ambition and ignorance on the other.- Ulysses S. Grant, 18th US President.
Last edited by nolemmings; 01-13-2018 at 05:53 PM.
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  #7  
Old 01-13-2018, 06:00 PM
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How is choice of law decided in a case where seller in KY and buyer in PA and there is no written sales contract?
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  #8  
Old 01-13-2018, 05:38 PM
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Depends on the state whose substantive law controls. In AZ, breach of warranty arises out of contract, and successful parties to contested actions arising out of contract can recover attorney's fees.
Well damn. That's an exception to the typical "American rule" still, no?
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Four phrases I have coined that sum up today's hobby:
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Stuff trumps all.
The flip is the commoodity.
Animal Farm grading.
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  #9  
Old 01-13-2018, 05:47 PM
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Well damn. That's an exception to the typical "American rule" still, no?
Yes, but AZ is by no means alone.
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Now watch what you say, or they'll be calling you a radical, a liberal, oh, fanatical, criminal
Won't you sign up your name? We'd like to feel you're acceptable, respectable, presentable, a vegetable

If we are to have another contest in the near future of our national existence, I predict that the dividing line will not be Mason and Dixon's but between patriotism and intelligence on the one side, and superstition, ambition and ignorance on the other.- Ulysses S. Grant, 18th US President.
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