Stern Sucks------DIRTY Deeds Done on Metallica!

Quoted from CaptainNeo:
If it's the same "Fun" from ebay, anyone that has been around here knows better than to deal with him.

Fun is a GREAT NIB Distributor.

I, along with 8 others, bought our Tron LE from Steve for a great price!

Steve does a great job of supporting the local collectors with NIB Stern product.

Now, I cannot address his eBay reputation, but I can, and will say, that Fun! is a very good NIB Distributor.

I have been around long enough to know that I will buy NIB from Steve at Fun! and so will quite a few of the DFW local collectors.

Marcus

#467 11 years ago

MMT

Xerico

Quoted from iceman44:
No, there is no mistake of fact at all, the agreement is between you and distro, I could care less what "Mistake of fact" he made and had with Stern, there was a 100% meeting of the minds.....if he doesn't cover his a** that's tough.....its a contract, period, and a breach thereof, so what are the damages then, specific performance is exactly what I'd ask for, I'd want to be one of the 5 to get the pin that I was promised, not the 5 that didn't.....theoretically, I could make the detrimental reliance damages worthwhile AND I would make a demand letter first and then seek attorney's fees as well, and at $350 an hour that could add up quick.....

AND the distributor could get his own attorney and let this battle go to court. And that attorney may be skillful enough to defeat all claims brought before the court. And should the distributor win, his lawyer could ask the judge to force your client to pay all of his legal costs, which could include his lawyer's hourly rate. And the judge could order such a ruling, and then this dumb, stupid person who pursued this "breach of contract" would be out a lot more than his returned deposit.

Luckily in the US, the court system allows both parties to "lawyer up".

I'm no lawyer, but I am a fan of "Law & Order"!

marcus

#472 11 years ago

MMT

Xerico

Quoted from iceman44:
And you and Rob stayed at a Holiday Inn last night?

Nope. I stay at Hiltons and watch re-runs of Law & Order... like all the time! lol

I'm not disputing anything you are saying. I'm just offering up a little tidbit that it is not a one sided affair. That is all.

Marcus

#495 11 years ago

MMT

Xerico

Quoted from TigerLaw:
Stern certainly would not be laughing about trying to find an attorney to defend them

I would be very SHOCKED if Stern doesn't already have an Attorney on retainer.

Maybe they don't, but I would be absolutely shocked.

Marcus

#520 11 years ago

MMT

Xerico

Quoted from RobT:
Dude, you are missing out on all the fun. We aren't talking the practical side of it. We are talking the legal side!

That's not really practical. Stern is based in Chicago. Chicago is home to "made men". "Made Men" have a way of making these type of things go away.

That lawsuit would be dropped faster than Big Tony could get his fat ass out of the Cadillac!

Now back to your regularly scheduled lawyer discussion.

Marcus

#555 11 years ago

MMT

Xerico

Quoted from iceman44:
Enough of the theoretical litigation talk for me, I'll leave it to the experts like G and Tiger.....it will be interesting to see how Stern deals with this issue, I'm just glad I'm not part of Metallica and sorry for those that got screwed, including the distros.....

Although this thread has kept me thoroughly entertained, I agree with Iceman. Sucks that we even have to be discussing this topic. I'm not a Metallica buyer, but if it were a Zombie theme, Superman or Star Wars, I could have easily found myself on the wrong end of a returned deposit. And I too would be quite pissed.

I hope everyone can move past the disappointment and enjoy some pinball.

Marcus

#688 11 years ago

MMT

Xerico