doublegunshop.com - home Forums General Discussion DoubleGun BBS @ doublegunshop.com Rip Off

YEEEE HAWWW
Thanks for the report
Wonder how many more times that gun will sell??
Mike

This is the email I sent her.

This is a copy of the original E mail you sent. Notice the grade you mentioned.

I received the check you sent. I appreciate that. I do note that the check is dated two days after you informed your Facebook page that restitution was made. That just seems to be part of the story.

I believe there were misunderstandings on both parts. I am sorry about that. However, I dealt with the information you provided. The gun was originally presented as an E grade. I assume you have since learned that there is a far difference between an E and a B Grade. Or even a C grade. The difference can be difficult though selected photos sent the internet. That is why I examined the gun in detail when presented with the opportunity. Had I known that you had cashed my check at that time I simply would have walked away with it and there would have been nothing you could do legally. However, I took your word that the check hadn't been cashed. My fault.

I don't know how it works in the jewelry world. In the gun world, a persons word (and the cashing of a check) seals the deal. If you were not sure of the quality or the grade of the gun you should have sought out the advice of a qualified Federal Firearms Licensed holder. I would contact a qualified jeweler if I were attempting to sell a jewel that I knew nothing about. The sleaze ball dealer you had in Las Vegas hardly counts.

The gun is not without value. It is not worth as much as you think it is. There are structural defects that devalue the gun. It may not be safe to fire. I do not know for sure and wish that you had come to the Lefever tables in Las Vegas where just down the row was one of the two most reputable Lefever gunsmiths in the country who could have examined it for us.

By the way, save your time sending a letter to the President of the Lefever Arms Collectors Association about me. I am that person.

Bob Decker





-----Original Message-----
From: Kathleen Smith
Sent: Thursday, December 26, 2013 8:17 PM
To: laca@hawaii.rr.com
Subject: LeFever late 1800's grade E 20 gauge

I have a 20 gauge E grade Auto Ejector shot gun with the Provence of "Colonel" Thomas B Rickey (1870's) the Nevada State Senator, Assembly Man, largest land owner 300,000 acres and president of "State Bank & Trust" that was involved in one of the greatest scandals in mint history. They acted as a clearing house for other banks in Nevada for bullion, coin scrip, drafts, and bills of exchange and other valuables.

That is good news Dr. Bob. I'm going to guess that piece just got a lot harder for her to sell.

Best,
Ted

I wonder if she will take a cashiers check from my uncle in Nigeria for the gun? The check if for more than the asking price and I would trust her to send me the change. I could have the check made out to her and not even need the precaution of post dating the check. I wonder ...... ?

Did I miss the name of that dealer?

I am glad to hear you were reimbursed. I thought you would be as Ms. K had been in business for a few years and looked to be involved in the local community.
I am not so sure about the consummation of the sale. Does a seller have an obligation to sell merchandise that has been miss marked if he realizes the mistake prior to shipment?
Anyway, all's well that ends well.

She cashed his check after Dr.Bob told her it was a higher grade.

E,C cashed then B. Perhaps I misread.

From what I remember of the Uniform Commercial Code, the answer would be "yes" if there were a binding contract. In this case, it appears that there was a binding contract, since there was offer, acceptance and consideration. The deal was done, and she reneged. Seller had constructive receipt of buyer's funds. Buyer could sue for specific performance, but is it worth it? Probably not, as others have pointed out.

I am not a lawyer, but I could play one on TV.

Wouldn't she have been obligated to deliver a C grade and not the B? What if it went the other way? Money was sent for a B grade and a C was delivered.