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Re: ebay evo again
as a future attorney - yes it is a k, but let's say you materially breach (don't pay) and seller indeed sues the party for not following through on his/her promise to pay, plaintiff must show actual damages in ct - a ct will almost never grant specific performance 9i.e. make you go forward with the deal/pay for the product). the damages would not be anything, they will be very hard to prove, could just get refund for filing, and maybe get the difference from what the seller sold to the breaching party less the amount of subsequent sale.
So, yes you could file, but it would be more of a frivolous/waste-of-time suit. Hope this helps
I hope I get at least 1 thanks for this, lol
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