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#1
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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
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No.
__________________
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. |
#3
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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.
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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, military commander, 18th US President. |
#4
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I assume Mike could sue in PA. Does anyone know PA law?
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#5
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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.
__________________
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; 01-13-2018 at 06:06 PM. |
#6
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Of course, choice of forum would not necessarily equate to choice of law, either
__________________
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, military commander, 18th US President. Last edited by nolemmings; 01-13-2018 at 04:53 PM. |
#7
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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
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Well damn. That's an exception to the typical "American rule" still, no?
__________________
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. |
#9
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Yes, but AZ is by no means alone.
__________________
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, military commander, 18th US President. |
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