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07-24-2013, 12:52 AM #1
Re: Miguel Cabrera 2011 GU Phoenix Bat!!!
Anthony -
Thanks for taking the time to clear that up.
Interesting that he didn't/wouldn't/couldn't respond when Payment was actually sent/received, but when you posted here that payment had been sent, it only took him 10 minutes to respond and cancel the deal... kind of fits the same M.O. as previous complaints where he doesn't respond to messages, but quickly responds when it's here in public view on the board.
This and some of the other links aren't the first or only bad stories I've heard about deals with Mr Lemmons. My suggestion would be to lawyer up (if you can) and sue him for breach of contract.
Per Gaddy Wells - Texas Contract Law:
In Texas, the elements that are generally required to create an enforceable contract:
(1) An offer;
(2) Acceptance in strict compliance with terms of the offer;
(3) A meeting of the minds with respect to both the subject matter of the agreement and all of its essential terms;
(4) A communication that each party has consented to the terms of the agreement;
(5) For a written contract, execution and delivery of the contract with an intent that it become mutual and binding on both parties; and
(6) Consideration.
This case has all of the elements needed and may also allow you remedy under TORT law to recover other damages due to the breach.
It may not be what you want to do, but you are in a position to end (or at least put a sizable dent) in his continuing to do things like this to other collectors.
As a few other posts after mine said (and I stopped short of going here in my first post), he may have gotten a higher offer or just basically taken an interest free loan from you with no true intent to sell.
The 'photo match' story holds no water with me based on the information he provided about it.
All the best -
Smitty