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Thoughtful analysis. Not sure it flies in the real world though with a state court judge. Mr. Johnson, you could have sold and still could sell this card for a $20,000 profit after PSA affirmed the grade despite what an internet poster said about it, but instead you're here in my court suing PSA why exactly?
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My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at https://www.jamesspaethartwork.com/ He is available to do custom drawings in graphite, charcoal and other media. He also sells some of his works as note cards/greeting cards on Etsy under JamesSpaethArt. Last edited by Peter_Spaeth; 04-06-2021 at 12:32 PM. |
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That, plus the apparent fact they don't necessarily give you a fair review.
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My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at https://www.jamesspaethartwork.com/ He is available to do custom drawings in graphite, charcoal and other media. He also sells some of his works as note cards/greeting cards on Etsy under JamesSpaethArt. Last edited by Peter_Spaeth; 04-06-2021 at 12:44 PM. |
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I still cant see damages MORE than what he paid for the card. Because values went up doesn't jive, his was/is/could be trimmed. Unless you are talking treble damages under a 93A.
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"Trolling Ebay right now" © Always looking for signed 1952 topps as well as variations and errors |
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My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at https://www.jamesspaethartwork.com/ He is available to do custom drawings in graphite, charcoal and other media. He also sells some of his works as note cards/greeting cards on Etsy under JamesSpaethArt. |
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Thanks Peter, I see this "Duty to mitigate - the aggrieved party has a duty to take reasonable steps to mitigate damages." When blowout mentioned it was trimmed would have been a good time to mitigate
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"Trolling Ebay right now" © Always looking for signed 1952 topps as well as variations and errors |
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I have no idea here but theoretically could PSA argue that their duty to mitigate damages was to do a review of said card at no expense to the owner ? Last edited by Johnny630; 04-06-2021 at 02:16 PM. |
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More broadly, the duty to mitigate is a powerful concept. It's why a landlord has to make reasonable efforts to re-lease an apartment when the tenant breaches, for example, before being able to recover from the tenant.
__________________
My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at https://www.jamesspaethartwork.com/ He is available to do custom drawings in graphite, charcoal and other media. He also sells some of his works as note cards/greeting cards on Etsy under JamesSpaethArt. Last edited by Peter_Spaeth; 04-06-2021 at 04:07 PM. |
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