April 26, 201214 yr Did you guys know the Miami Marlins are being sued, and ownership of the team is being challenged, thanks to Samson's stupidity? Apparently Samson was at a banquet/auction being held by the Marlins. At the beginning of the auction Samson for some stupid reason said that the first item up for auction was the ownership of the Marlins, and that he would take bids starting at $10,000,000 USD. One man raised his hand and placed a $10,000,000 bid. Samson said "sold." Two months ago a complaint was filed in the 17th judicial circuit alleging that the Miami Marlins are in breach of contract. The case is currently pending. Plaintiff is demanding a minimum of $15,000,000, though the complaint is intentionally vague as to the full extent of the remedies being sought by plaintiff (presumably ownership of the team.) As a lawyer (not currently licensed to practice in Florida,) I do not think this complaint will go anywhere, but Samson's stupidity could cost the team hundreds of thousands of Dollars, if not a Million Dollars or more, in legal work....depending on how long this thing drags out. However, I do not believe plaintiff has much of a case. First, I think the low amount ($10,000,000) should make it obvious that the "offer to contract for sale of the team" was made in jest, and therefore there was no requisite intent to enter into a binding contract. Second, the alleged contract runs into problems with the statute of fraud and the UCC which requires sales contracts for goods (presumably the club classifies as goods under the code) in excess of $500 to be evidenced by a writing. Below is the link to the actual complaint, filed in the 17th circuit (Broward County.) Samson should consider himself lucky that he is Loria's step son. Anyone else would have been fired for being so stupid. :omg http://www.courthous.../21/Marlins.pdf
April 26, 201214 yr Heard about this during the off-season. This bid happened in 2008. Samson was clearly kidding, and if this guy was actually serious about his bid, he would have asked for ownership immediately in 2008, not now once the Marlins are at the height of their media popularity. This case will go no where.
April 26, 201214 yr Yep... old news: http://forums.marlinsbaseball.com/topic/96195-corporation-claims-they-bought-miami-marlins-at-awards-banquet/
April 26, 201214 yr I'm going to sell your car, how much do you think I'll get? Nothing, can't sell something that isn't yours. And If he was serious, he would have been trying to cough up 10 million the same night.
April 26, 201214 yr Author Sorry. I had no idea it was old. The complaint was only filed 2 months ago. Anyway, like I said, it won't go anywhere.
April 26, 201214 yr Sorry. I had no idea it was old. The complaint was only filed 2 months ago. Anyway, like I said, it won't go anywhere. Don't worry about the double posting. We had a very interesting discussion about it & brought up both of your points. 1-Although Samson started the bidding at a low price, that doesn't necessarily prove that he was joking as he may have done that so that the bidding could gain some momentum before reaching its normal price & perhaps "trick" the bidders into bidding more than they were originally planning. I think it's a smart tactic, actually (though I fully believe he was just joking). 2-Although the statue of Florida says that you can't make an oral contract in excess of $500, from what I recall we said that they must have signed some sort of agreement beforehand that all oral commitments are binding (otherwise it would be very difficult to bid off things worth over $500 as people could just back out & not pay the money). I could check the thread to know for sure but I'm on mobile version right now so it's a bit annoying.
April 26, 201214 yr I'm going to sell your car, how much do you think I'll get? Nothing, can't sell something that isn't yours. That's not why they'd lose the case, though; you can have apparent authority to sell something, and a person could still sue your for damages, especially reliance damages. Think about it this way: an auctioneer himself doesn't have legal title to every item he sells. If there's a reserve price, it might just go back to the owner. But, if he represents that he does have the ability to sell/auction off an item, then the bidder is entitled to reasonably rely on those representations. And if anyone has the ability to conduct that auction, it's reasonable to think that David Samson might be on one of those person.
April 26, 201214 yr I'm going to sell your car, how much do you think I'll get? Nothing, can't sell something that isn't yours. And If he was serious, he would have been trying to cough up 10 million the same night. At the end of the day isn't this the most important fact?
April 26, 201214 yr I'm going to sell your car, how much do you think I'll get? Nothing, can't sell something that isn't yours. And If he was serious, he would have been trying to cough up 10 million the same night. At the end of the day isn't this the most important fact? No.
April 26, 201214 yr I'm going to sell your car, how much do you think I'll get? Nothing, can't sell something that isn't yours. And If he was serious, he would have been trying to cough up 10 million the same night. At the end of the day isn't this the most important fact? No. Shut up, lawyer. At the end of the day, that is the most important thing.
April 26, 201214 yr I'm going to sell your car, how much do you think I'll get? Nothing, can't sell something that isn't yours. And If he was serious, he would have been trying to cough up 10 million the same night. At the end of the day isn't this the most important fact? No. Shut up, lawyer. At the end of the day, that is the most important thing. Actually, it really isn't. As Mystikol said before, apparent authority is enough to sue for reliance damages.
April 26, 201214 yr He meant my shutting up is important, I do believe. And don't pretend you've already taken both Contracts and Corporations! :lol
April 26, 201214 yr And don't pretend you've already taken both Contracts and Corporations! :lol LOL. I looked it up online-very interesting. Pumped for 1L... (now here's where you tell me about how I'm not gonna have a life, etc.)
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