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That's correct. And at the time they first "tried" to back out, the goat had not been sold. At that point, everybody was on notice that the goat was not for sal
by Hizonner 4y ago
That's correct. And at the time they first "tried" to back out, the goat had not been sold. At that point, everybody was on notice that the goat was not for sale. No valid sale could have occurred after that first attempt. It's not that they "tried" to back out. They did back out. And the only available remedy for that was money damages, not random extraducial confiscation of property.
By the way, on top of that, California law explicitly gives minors the right to back out of major sales even after they are concluded. So in fact they couldn't even have gotten money damages.
- JumpCrisscross 4y ago> No valid sale could have occurred after that first attempt Auctions have rules. I don’t know this one’s, the complaint [1] omits much of them, but every one I’ve participated in bars backing out on the day of the auction. If you change your mind, you bid for your item. [1] https://dig.abclocal.go.com/kgo/PDF/2022-08-31-Complaint.pdf https://dig.abclocal.go.com/kgo/PDF/2022-08-31-Complaint.pdf
- david38 4y agoIrrelevant. She is a minor.
- JumpCrisscross 4y ago> Irrelevant. She is a minor. The relevant California code (§ 6710) is superseded by federal livestock auction law [1]. Also, most contracts require the minor and a parent or guardian sign specifically to avoid this. [1] https://en.m.wikipedia.org/wiki/Packers_and_Stockyards_Act https://en.m.wikipedia.org/wiki/Packers_and_Stockyards_Act