FS: 1948 Leaf Jackie Robinson PSA 4.5

[Republicaninmass]

Originally Posted by Johnny630

That would be great ! I was referencing if AJ is told by PSA to go back to whom you bought the card for said refund, then I would feel bad for him.

He took the risk bought the card at the time he should be able to reap the gain in its uptick at Sale.

I dont disagree, but in a court of law I dont believe the market going up os just cause for "damages".

[Peter_Spaeth]

Originally Posted by Republicaninmass

I dont disagree, but in a court of law I dont believe the market going up os just cause for "damages".

Read the guarantee. They promise to pay market value.

[Republicaninmass]

Originally Posted by Peter_Spaeth

Read the guarantee. They promise to pay market value.

Thanks Peter, but again curious if the market going up has an effect on one's damages in a court of law

[Peter_Spaeth]

Originally Posted by Republicaninmass

Thanks Peter, but again curious if the market going up has an effect on one's damages in a court of law

Ted it's too general a question. There are different types of contractual damages depending on lots of facts and circumstances including contract language, but yes, there are some where the measure of damages would include an "expectancy" -- in other words, the breaching party would have to not only make the innocent party whole but put them where they would have been had there been no breach which could include changed market conditions. Other situations might involve simply restitution, that is, restoring the amounts paid by the innocent party and returning them to where they were before the contract.

Here, though, the guarantee should control.

[Exhibitman]

And if it does not there is a pretty good body of law out there on consumer fraud, unfair trade practices, etc.

[Republicaninmass]

Originally Posted by Peter_Spaeth

Ted it's too general a question. There are different types of contractual damages depending on lots of facts and circumstances including contract language, but yes, there are some where the measure of damages would include an "expectancy" -- in other words, the breaching party would have to not only make the innocent party whole but put them where they would have been had there been no breach which could include changed market conditions. Other situations might involve simply restitution, that is, restoring the amounts paid by the innocent party and returning them to where they were before the contract.

Here, though, the guarantee should control.

Thanks Peter, I can see the position now. I just couldn't see a world where "damages" would exceed the price paid for the card! Clearly market value has increased dramatically on this particular card.

[Peter_Spaeth]

Originally Posted by Republicaninmass

Thanks Peter, I can see the position now. I just couldn't see a world where "damages" would exceed the price paid for the card! Clearly market value has increased dramatically on this particular card.

Expectancy damages, and consequential damages where allowed, typically exceed purchase price in a variety of situations. That doesn't seem at all unusual to me.

[JeremyW]

A.J.- Why didn't you just ask for offers on the BST here?

[68Hawk]

This particular situ begets a more interesting possibility, and that is someone scouting for a high value card sitting in PSA holder that has been obviously trimmed, and is for that reason not selling for its true value in the market.
Say perhaps you can make an agreement with the Seller of a PSA7 51' Bowman Mantle that won't move at it's contemporaries number, for perhaps 60-70% of that value, hold for few years while the market hopefully continues to rise, then bring the card to the attention of PSA for restitution of what a truly graded card at that particular tier would bring.

You buy in at 40% below market but get to be made whole at full true value down the track, making not just the capital gain of the flip number but your bonus discount from below market purchase.


Get on the hunt boys!