ebay evo again - Page 8

**themuffinman** · #71 (**permalink**) 05-07-2010, 12:20 AM

Quote:

Originally Posted by WarChild

I didnt say you I said ebay....and they can I didnt say they would

CW

Sorry, thats whay I meant to say, not me but ebay.

EDIT: If it was the other way around where someone paid $2000 but didn't recieve the merchandise then things would be different, but if I say that I will pay for it and then don't then there isn't much ebay can do.

sd4shizy · #72 (**permalink**) 05-07-2010, 12:22 AM

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

**WarChild** · #73 (**permalink**) 05-07-2010, 12:27 AM

Quote:

Originally Posted by sd4shizy

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

I got your back...lol so thats settled

CW