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Joe Spano and Broken Agreement - Verbal promises & contract law

To: datsun-roadsters@autox.team.net
Subject: Joe Spano and Broken Agreement - Verbal promises & contract law
From: Bob Porter <rlporter5@comcast.net>
Date: Fri, 21 Mar 2003 13:58:42 -0500
All,

Thanks for the good feedback so far on this.  Other list members have
been good enough to forward my account of situation on to other roadster
lists as a warning about Joe Spano and whoever cut me out of the deal I
had an agreement with him on.

And that is the crux of the matter.  Mr. Joe Spano made a clear and firm
deal, albeit verbal (based on his email that outlined the opportunity
and drew me into the discussion with him).  He contacted me about buying
his parts.  He described the goods in detail, he set the price, and he
set the conditions for procurement and pickup.  I reiterated all of the
conditions and agreed to them all with the provision that I only be
allowed to perform an inspection prior to surrendering cash on the spot.
He set up the meeting place and time with a family member and further
committed not to even entertain the discussion of alternate proposals
until I either paid him or turned the deal down.  

That same night, a fellow list member, Mr. Ayers, confirmed the
inventory to me from his review of a one year ago, and also confirmed
that the price Joe gave to me was within dollars of the price he was
asking one year ago when he ran an ad in the paper trying to sell the
inventory and could not sell it due to his price.  

I do not believe Mr. Spano was trying to commit fraud.  It is my opinion
that he set a verbal contract in place with me, and someone else offered
him more money after he made his agreement with me, and he broke his
contract with me.  Troubling is he sent his father to tell me, he did
not even bother to call me himself.  I met with his father within 24
hours after he schedule the meeting.  And, he still has not returned any
of my phone calls in the last 48 hours.

I would ask again that if anyone on the list was involved in this deal
with Joe Spano that they have the integrity to contact me to rectify the
situation.  I'll allow that Mr. Spano did not tell you he struck clear
deal with me.  I would be happy to review all of my notes and the
timeline to verify my statements.  

What has happened here is quite wrong, and was willfully done; it was no
mistake in communication.  Remember, it was Joe Spano that first
approached me, and made the offer, and set the conditions and terms, and
made the arrangements for me to meet his father and inspect the
inventory prior to payment.  

Yep, I'm still pretty upset about it.  Apologize again for chewing up
bandwidth.  

Bob Porter

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