Ed Kranepool sues Beckett/Goodwin

[Peter_Spaeth]

Beckett has moved to dismiss, relying on the statute of frauds because there (apparently) is no written contract.

[nolemmings]

Originally Posted by Peter_Spaeth

Beckett has moved to dismiss, relying on the statute of frauds because there (apparently) is no written contract.

That should fail, or would here in AZ (part or in this case whole performance). It appears he could also amend to allege conversion as an alternative cause of action--again, he could in AZ. That would allow for a claim of punitive damages.

[Peter_Spaeth]

The complaint begins by claiming conversion of the jersey, but for some reason does not assert it as an actual count. And I agree, I would think Goodwin's (alleged) taking possession of the jersey would take the case out of the statute of frauds which applies to alleged executory contracts as I recall.

[ls7plus]

Originally Posted by Peter_Spaeth

The complaint begins by claiming conversion of the jersey, but for some reason does not assert it as an actual count. And I agree, I would think Goodwin's (alleged) taking possession of the jersey would take the case out of the statute of frauds which applies to alleged executory contracts as I recall.

Yes, Kranepool's part performance by delivering the jersey (his affidavit of doing so should be sufficient to defeat a motion for summary disposition) would take it out of the statute of frauds requiring agreements relating to the sale of goods over $500 to be in writing.

Further, I've personally had numerous dealings with Bill Goodwin over the years, both consigning and buying, and have always found him to be straightforward, honest, and above board.

Best wishes,

Larry

[CW]

Originally Posted by ls7plus

Yes, Kranepool's part performance by delivering the jersey (his affidavit of doing so should be sufficient to defeat a motion for summary disposition) would take it out of the statute of frauds requiring agreements relating to the sale of goods over $500 to be in writing.

Further, I've personally had numerous dealings with Bill Goodwin over the years, both consigning and buying, and have always found him to be straightforward, honest, and above board.

Best wishes,

Larry

When you consigned items to Bill, did you have to sign any type of contract? Was anything put in writing on any or all of those occasions? Just curious.

[Aquarian Sports Cards]

I've sold one item with Bill under $500 and still signed a contract.

[Leon]

When Bill advertised on this site I gave him a few consignments and always got a receipt, FWIW.....

LL

[ls7plus]

Originally Posted by CW

When you consigned items to Bill, did you have to sign any type of contract? Was anything put in writing on any or all of those occasions? Just curious.

Yes. There was a written agreement and all items consigned were specifically noted. The last time was more than a decade ago, however.

Regards,

Larry

[CW]

Thanks, all. It will be interesting to see how all this pans out.

[oldjudge]

Just because Bill got other items from Kranepool does not mean he got the Mantle jersey.

[Fred]

What if Ed has pictures of the jersey and can prove he was owner of the jersey until turning it over for auction? Has the AH indicated where the jersey came from? It didn't just appear in thin air. Someone's going to get hosed on this one....

[timn1]

I think the auction house claims it never got the jersey. Where did it go?

[oldjudge]

I have no idea what the truth is in this case, but the story reinforces that when dealing with any auction house have EVERYTHING that is agreed to in writing, and be sure to carefully read the auction house contract and strike out any troubling clauses.

[btcarfagno]

It has been brought up that perhaps the man he gave it to was posing as Goodwin, but was not actually him.

There is also the matter of the $20,000 for the list of former major league players and their contact info. Why would an auction house need or care about that?

It is at least a possibility that Kranepool was the victim of a fraud perpetrated by someone claiming to be Goodwin.

[Peter_Spaeth]

Originally Posted by btcarfagno

It has been brought up that perhaps the man he gave it to was posing as Goodwin, but was not actually him.

There is also the matter of the $20,000 for the list of former major league players and their contact info. Why would an auction house need or care about that?

It is at least a possibility that Kranepool was the victim of a fraud perpetrated by someone claiming to be Goodwin.

According to the complaint, Kranepool's business partner Spencer Lader introduced him to Goodwin at a lunch. And the three of them then went to Kranepool's home. It sure doesn't sound like a case of someone posing as Goodwin.

[Leon]

Was Goodwin wearing a turban?

[drcy]

Assuming every such transaction would involve a contract or form, reminds me when my 81 year old dad and I stopped by Rite Aid to pick up a bottle of wine for my mother. Rite Aid's policy is to card everyone for liquor-- so, in case of dispute, they can testify that their employees card everyone--, so I had them look at my dad's license, so he could tell people he was carded.

[btcarfagno]

Originally Posted by Peter_Spaeth

According to the complaint, Kranepool's business partner Spencer Lader introduced him to Goodwin at a lunch. And the three of them then went to Kranepool's home. It sure doesn't sound like a case of someone posing as Goodwin.

See Mr. Klein's post below regarding Mr. Lader's fraud history. Very interesting.

[bnorth]

Originally Posted by btcarfagno

It has been brought up that perhaps the man he gave it to was posing as Goodwin, but was not actually him.

There is also the matter of the $20,000 for the list of former major league players and their contact info. Why would an auction house need or care about that?

It is at least a possibility that Kranepool was the victim of a fraud perpetrated by someone claiming to be Goodwin.

How do you think auction houses get all the material they sell? Not all items are offered to them, they go out and look for items to make $ on. Even on this forum there are several members that have ties to auction houses. I know they reach out to people when they post something that they think they can get the owner to consign it to them. You can even look in the BST section and see several wanted posts by dealers/consignors.

I think a list of former MLB players with contact info with items to sell would be worth their time/money.