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  #1  
Old 04-06-2021, 12:16 PM
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Peter_Spaeth Peter_Spaeth is offline
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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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Last edited by Peter_Spaeth; 04-06-2021 at 12:32 PM.
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  #2  
Old 04-06-2021, 12:40 PM
benjulmag benjulmag is online now
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Quote:
Originally Posted by Peter_Spaeth View Post
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?
Fair. Maybe the most troubling part of the guaranty from the submitter's perspective is agreeing to jurisdiction in Orange County.
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Old 04-06-2021, 12:44 PM
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Quote:
Originally Posted by benjulmag View Post
Fair. Maybe the most troubling part of the guaranty from the submitter's perspective is agreeing to jurisdiction in Orange County.
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
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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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Old 04-06-2021, 01:05 PM
Republicaninmass Republicaninmass is offline
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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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Old 04-06-2021, 01:25 PM
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Start here.

https://en.wikipedia.org/wiki/Expectation_damages
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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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Old 04-06-2021, 01:47 PM
Republicaninmass Republicaninmass is offline
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Quote:
Originally Posted by Peter_Spaeth View Post

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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Old 04-06-2021, 02:14 PM
Johnny630 Johnny630 is offline
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Originally Posted by Republicaninmass View Post
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

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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  #8  
Old 04-06-2021, 04:02 PM
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Quote:
Originally Posted by Republicaninmass View Post
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
As I've posted, I thought AJ should have returned the card for a refund which he apparently had the opportunity to do. Not looking to reopen that debate.

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.
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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 04:07 PM.
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