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  #131  
Old 01-13-2018, 05:28 PM
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Originally Posted by Peter_Spaeth View Post
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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  #132  
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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  #133  
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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  #134  
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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Last edited by Peter_Spaeth; 01-13-2018 at 07:06 PM.
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  #135  
Old 01-13-2018, 05:41 PM
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C’mon guys let’s get this thing sorted out!

Mike Peich is one of the greatest men I have met in this hobby and his passion is second to none, just one of the most pleasant guys I have had the pleasure of dealing with! Obviously, at this point he is out everything and it shouldn’t be that way!

Zach is also one of my favorite people and the passion that he has had given his age is actually pretty inspiring and gives me great hope for the future! I can’t imagine the feeling of betrayal and surprise that Zach was faced with seeing his own prized collection in someone else’s display case. To me that would be heartbreaking, then to find out it was your own brother that did this is such a violation!

Chris Buckler and his wife I count as friends and I always look forward to my interactions with them every National, he is one of my favorite dealers to deal with and he has helped me out on several deals, often times selling me something I think he may have gotten more money for had he so desired but he was willing to sell to me because he is genuinely a nice guy.

I can honestly see the situation from all 3 perspectives and feel for each of the 3 parties involved!

All that being said... let’s get a solution to this problem. Unfortunately someone or a combination of somebodies will be taking a financial hit. But let’s figure it out, if there is any way that I can help in any way I would be more than happy to do so as this whole situation stinks and IMO there is no clear cut “bad guy” amongst those listed above.
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  #136  
Old 01-13-2018, 05:47 PM
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Originally Posted by Peter_Spaeth View Post
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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  #137  
Old 01-13-2018, 05:48 PM
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Originally Posted by Peter_Spaeth View Post
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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Last edited by nolemmings; 01-13-2018 at 05:53 PM.
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  #138  
Old 01-13-2018, 05:58 PM
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Silence is acquiescence (aka. silent acquiescence and acquiescence by silence). Under this related doctrine, when confronted with a wrong or an act that can be considered a tortious act, one's silence in the face of the transgression may result in a loss of a right to make a claim for loss or damage, on the principle of consent inferred from accepting or permitting the wrongful acts without protest or claim.

Estoppel by silence or acquiescence: Estoppel that prevents a person from asserting something when he had the right and opportunity to do so earlier, and such silence put another person at a disadvantage.
Uhh, I think that one fell about 10 yards short of the goal post.
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  #139  
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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  #140  
Old 01-13-2018, 06:20 PM
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Quote:
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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?
Possibly where the contract was formed -- NJ

Edit my mistake see above NJ was not the place of contracting.
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Last edited by Peter_Spaeth; 01-13-2018 at 07:07 PM.
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