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Old October 23rd 05, 11:39 PM
Edward Labate
 
Posts: n/a
Default ATTEMPTED CORRECTION TO CHESS DIGEST BREACH: TEXAN CHEATS CALIFORNIAN

Dear Chess Players,
Please, please, please...any chessplayer reading this...please
forward this email to as many chessplayers, chess clubs, institutions,
organizations, etc. I've already contacted almost every National CHESS
Federation possible, but some Federations emails don't seem to be
current or something. Thank you in advance for your assistance. LINDA
'HUSSEIN' GRIFFIN will only understand force.
In December 2004, I entered into an agreement with Linda Griffin
(Ken Smith's ex-wife, divorced in 1983) to purchase chess Digest
including all publishing rights...here's a copy of the BILL OF SALE
along with Linda's Griffin acceptance of it...

"Edward, this is agreeable with me. I will print it and sign it and fed
ex with other stuff to you now. Linda

P.S. When would you like my banking information?

wrote:
BILL OF SALE
Chess Digest, Inc. a Texas corporation (Seller) in exchange for $8,000
cash and a second cash payment upon (TOTAL SHIPMENT and RECEIPT)
first shipment of books, $20,000 cash and a Promissory Note for a
minimum of *$40,000 (*Amount subject to increase upon verification,
assessment and appraisal of inventory contents and their value as
performed by Mr. Labate and his staff) payable over 25 months,(27
MONTHS minimum with monthly payments of $1,500.00 MINIMUM, payable on
or before the 20th of each month, beginning 06.20.2005 and continuing
until the *PROMISSORY NOTE is satisfied.) the receipt of both such
items of consideration being acknowledged, hereby sells, transfers, and
assigns to Edward Labate of Orange, Calif. (Buyer) the assets described
in the attached Exhibit "A", along with:
1. Full publishing rights to the list of publications described in
the attached Exhibit "B".
2. Full rights to the "Chess Digest" name, Internet domain, and
related logos and trademarks.
3. Full rights to the contents and electronic files associated with
the Seller's Web site and catalog.
4. Copies of all electronic files and paper copies associated with
Seller's current Web site,publication manuscripts, catalog, Internet
domain, related logos, trademarks and promotional literature.
5. Records of Sellers, vendors and suppliers, including
contacts,addresses, and phone numbers.
6. Copies of Seller's contracts and working agreements with vendors
and suppliers, including credit terms, where applicable.
7. Permission to utilize Ken Smith's name as part of Sellers
personal identity.
8. Seller's complete customer list in electronic format, if
available, including names, addresses, phone numbers and sales
histories.
9. Any and all storage and shelving units currently housing Seller;s
merchandise.
10. (In the event of legal action being brought against either party,
all reasonable legal fees will be reimbursed to prevailing party.)

Seller warrants and represents that it is the owner of the assets being
transferred under this Bill of Sale, subject to no liens or
encumbrances, .


Date: ____________________________
December 22, 2004

SELLER:

CHESS DIGEST,INC.

BY------------------------------------------------
Linda
Smith Griffin"
CHESS DIGEST BREACH: TEXAN CHEATS CALIFORNIAN: It looks like the
CHESS DIGEST transaction has fallen apart, and is headed for
LITIGATION. The terms on the BILL OF SALE stated that labatechess
needed to transfer $8,000.00 to LINDA GRIFFIN, Ken Smith's ex-wife, to
pay for the complete warehouse of books that are currently housed in
the CHESSBASE WAREHOUSE in ARDMORE, ALABAMA, to be packaged and trucked
to Southern California, and then up-on arrival we were to wire
additional $$$, in addition to monthly payments. During our
negotiations, she kept stressing how she needed the money for
Christmas.
I of course queried..."If you're giving the money to your children, are
you going to have the $$ to move the books from Ardmore???" she assured
me in fact that she would use every penny of the $8,000.00 to ship me
the books.

Here's the original Dec. 18, 2004 email...

----- Original Message -----

From: james griffin To:


Sent: Saturday, December 18, 2004 2:56 PM

Subject: If you're giving the money to your children, are you going
to have the $$ to move the books from Ardmore???

"Edward, I am not giving the money to my children, just will enable
me to give them a better Christmas." I will use the money to move the
books." Thank you, Linda"

We not only wired the $8,000.00 to CHESS DIGEST/LINDA GRIFFIN, we
advanced three additional payments totaling $10,000 and advanced an
additional $4307.00 in FEDEX fees. But unfortunately, even our good
faith has not only gone unrewarded, but has made Mrs. Griffin even
greedier, assuming that was possible. Less than 10% was shipped, and
she has broken off all communications and has ordered that nothing
further be shipped to me.

What's even monstrously comical, she wants an additional agreement from
me, requiring more terms, and more $$, even though I've already
fulfilled and exceeded what I agreed to do in the original agreement,
wherein, she has failed to live up to her part of the agreement: To
empty out the complete CHESS DIGEST inventory of over 89,700 books,
currently housed in the CHESSBASE WAREHOUSE in ARDMORE, ALABAMA, and
ship to me!!

LINDA 'HUSSEIN' GRIFFIN: Linda Griffin is just like Hussein. He was
only willing to negotiate when he was caught in that rat hole. Griffin
is no different...she'll be caught in the rat hole, and will only do
what a court forces her to do. She obviously can't be trusted to even
do what she wrote up and signed. She's had seven months to do what's
right, and she won't. Until she sees process servers, bank levies, and
liens on everything she owns, she won't do what's right.

Rather than admit the errors of her ways, and just ship the DAMN
books as per the Bill Of Sale, she's now claims I've cheated her,
yet can't seem to provide one shred of evidence except to fabricate a
statement I've never made. If the books were here, I'd be paying. Well,
they're not here, and I received an email on June 22 demanding I send
her my first payment as per the 'BILL OF SALE' overlooking one
small...little...itty...bitty...insignificant...so rry to bother
you...detail...over 90% of the Inventory has yet to arrive!!!

LINDA 'HUSSEIN' GRIFFIN needs to be trapped...like the sniveling
lowlife that she is...and then hear her squealing for mercy...and there
won't be any!!

YASSER SEIRAWAN/INSIDE CHESS TO THE RESCUE:

However, as I've noted in all my new ebay auctions, we've picked up the
void by reaching an agreement with YASSER SEIRAWAN and INSIDE CHESS for
the complete and total inventory of over 30,068 books and 7200 TASC
CDs, and those,000 items have already in California, and are
HERE!!...in our office/warehouse @ 109 W. Chapman Ave.,, CA 92866-1404/
(714) 538-3844, unlike CHESS DIGEST, where the INVENTORY is still stuck
in the CHESSBASE WAREHOUSE in ARDMORE, ALABAMA, awaiting a court date!!


Please...any chessplayer reading this...please forward this note to as
many chessplayers, chess clubs, institutions, organizations, etc. I've
already contacted almost every National CHESS Federation possible, but
some Federations emails don't seem to be current or something. Thank
you in advance for your assistance. LINDA 'HUSSEIN' GRIFFIN will only
understand force.

Those of you that would like to send LINDA 'HUSSEIN' GRIFFIN your
thoughts on the above, please contact her @
or
. Thank you


Thank you so much for your time and interest!

If you have any questions at all, PLEASE...feel free to call me, (714)
998-4006

The very Best Wishes to YOU and YOURS

Edward Labate
National Chess Master

c/o 1038 N. Tustin Ave.; Suite 364
Orange, CA 92867-5958
(714) 998-4006

  #2   Report Post  
Old October 24th 05, 03:14 PM
Member
 
First recorded activity by ChessBanter: Feb 2005
Posts: 37
Default

Quote:
Originally Posted by Edward Labate
Dear Chess Players,
Please, please, please...any chessplayer reading this...please
forward this email to as many chessplayers, chess clubs, institutions,
organizations, etc. I've already contacted almost every National CHESS
Federation possible, but some Federations emails don't seem to be
current or something. Thank you in advance for your assistance. LINDA
'HUSSEIN' GRIFFIN will only understand force.
In December 2004, I entered into an agreement with Linda Griffin
(Ken Smith's ex-wife, divorced in 1983) to purchase chess Digest
including all publishing rights...here's a copy of the BILL OF SALE
along with Linda's Griffin acceptance of it...

"Edward, this is agreeable with me. I will print it and sign it and fed
ex with other stuff to you now. Linda

P.S. When would you like my banking information?

wrote:
BILL OF SALE
Chess Digest, Inc. a Texas corporation (Seller) in exchange for $8,000
cash and a second cash payment upon (TOTAL SHIPMENT and RECEIPT)
first shipment of books, $20,000 cash and a Promissory Note for a
minimum of *$40,000 (*Amount subject to increase upon verification,
assessment and appraisal of inventory contents and their value as
performed by Mr. Labate and his staff) payable over 25 months,(27
MONTHS minimum with monthly payments of $1,500.00 MINIMUM, payable on
or before the 20th of each month, beginning 06.20.2005 and continuing
until the *PROMISSORY NOTE is satisfied.) the receipt of both such
items of consideration being acknowledged, hereby sells, transfers, and
assigns to Edward Labate of Orange, Calif. (Buyer) the assets described
in the attached Exhibit "A", along with:
1. Full publishing rights to the list of publications described in
the attached Exhibit "B".
2. Full rights to the "Chess Digest" name, Internet domain, and
related logos and trademarks.
3. Full rights to the contents and electronic files associated with
the Seller's Web site and catalog.
4. Copies of all electronic files and paper copies associated with
Seller's current Web site,publication manuscripts, catalog, Internet
domain, related logos, trademarks and promotional literature.
5. Records of Sellers, vendors and suppliers, including
contacts,addresses, and phone numbers.
6. Copies of Seller's contracts and working agreements with vendors
and suppliers, including credit terms, where applicable.
7. Permission to utilize Ken Smith's name as part of Sellers
personal identity.
8. Seller's complete customer list in electronic format, if
available, including names, addresses, phone numbers and sales
histories.
9. Any and all storage and shelving units currently housing Seller;s
merchandise.
10. (In the event of legal action being brought against either party,
all reasonable legal fees will be reimbursed to prevailing party.)

Seller warrants and represents that it is the owner of the assets being
transferred under this Bill of Sale, subject to no liens or
encumbrances, .


Date: ____________________________
December 22, 2004

SELLER:

CHESS DIGEST,INC.

BY------------------------------------------------
Linda
Smith Griffin"
CHESS DIGEST BREACH: TEXAN CHEATS CALIFORNIAN: It looks like the
CHESS DIGEST transaction has fallen apart, and is headed for
LITIGATION. The terms on the BILL OF SALE stated that labatechess
needed to transfer $8,000.00 to LINDA GRIFFIN, Ken Smith's ex-wife, to
pay for the complete warehouse of books that are currently housed in
the CHESSBASE WAREHOUSE in ARDMORE, ALABAMA, to be packaged and trucked
to Southern California, and then up-on arrival we were to wire
additional $$$, in addition to monthly payments. During our
negotiations, she kept stressing how she needed the money for
Christmas.
I of course queried..."If you're giving the money to your children, are
you going to have the $$ to move the books from Ardmore???" she assured
me in fact that she would use every penny of the $8,000.00 to ship me
the books.

Here's the original Dec. 18, 2004 email...

----- Original Message -----

From: james griffin To:


Sent: Saturday, December 18, 2004 2:56 PM

Subject: If you're giving the money to your children, are you going
to have the $$ to move the books from Ardmore???

"Edward, I am not giving the money to my children, just will enable
me to give them a better Christmas." I will use the money to move the
books." Thank you, Linda"

We not only wired the $8,000.00 to CHESS DIGEST/LINDA GRIFFIN, we
advanced three additional payments totaling $10,000 and advanced an
additional $4307.00 in FEDEX fees. But unfortunately, even our good
faith has not only gone unrewarded, but has made Mrs. Griffin even
greedier, assuming that was possible. Less than 10% was shipped, and
she has broken off all communications and has ordered that nothing
further be shipped to me.

What's even monstrously comical, she wants an additional agreement from
me, requiring more terms, and more $$, even though I've already
fulfilled and exceeded what I agreed to do in the original agreement,
wherein, she has failed to live up to her part of the agreement: To
empty out the complete CHESS DIGEST inventory of over 89,700 books,
currently housed in the CHESSBASE WAREHOUSE in ARDMORE, ALABAMA, and
ship to me!!

LINDA 'HUSSEIN' GRIFFIN: Linda Griffin is just like Hussein. He was
only willing to negotiate when he was caught in that rat hole. Griffin
is no different...she'll be caught in the rat hole, and will only do
what a court forces her to do. She obviously can't be trusted to even
do what she wrote up and signed. She's had seven months to do what's
right, and she won't. Until she sees process servers, bank levies, and
liens on everything she owns, she won't do what's right.

Rather than admit the errors of her ways, and just ship the DAMN
books as per the Bill Of Sale, she's now claims I've cheated her,
yet can't seem to provide one shred of evidence except to fabricate a
statement I've never made. If the books were here, I'd be paying. Well,
they're not here, and I received an email on June 22 demanding I send
her my first payment as per the 'BILL OF SALE' overlooking one
small...little...itty...bitty...insignificant...so rry to bother
you...detail...over 90% of the Inventory has yet to arrive!!!

LINDA 'HUSSEIN' GRIFFIN needs to be trapped...like the sniveling
lowlife that she is...and then hear her squealing for mercy...and there
won't be any!!

YASSER SEIRAWAN/INSIDE CHESS TO THE RESCUE:

However, as I've noted in all my new ebay auctions, we've picked up the
void by reaching an agreement with YASSER SEIRAWAN and INSIDE CHESS for
the complete and total inventory of over 30,068 books and 7200 TASC
CDs, and those,000 items have already in California, and are
HERE!!...in our office/warehouse @ 109 W. Chapman Ave.,, CA 92866-1404/
(714) 538-3844, unlike CHESS DIGEST, where the INVENTORY is still stuck
in the CHESSBASE WAREHOUSE in ARDMORE, ALABAMA, awaiting a court date!!


Please...any chessplayer reading this...please forward this note to as
many chessplayers, chess clubs, institutions, organizations, etc. I've
already contacted almost every National CHESS Federation possible, but
some Federations emails don't seem to be current or something. Thank
you in advance for your assistance. LINDA 'HUSSEIN' GRIFFIN will only
understand force.

Those of you that would like to send LINDA 'HUSSEIN' GRIFFIN your
thoughts on the above, please contact her @
or
. Thank you


Thank you so much for your time and interest!

If you have any questions at all, PLEASE...feel free to call me, (714)
998-4006

The very Best Wishes to YOU and YOURS

Edward Labate
National Chess Master

c/o 1038 N. Tustin Ave.; Suite 364
Orange, CA 92867-5958
(714) 998-4006
Edward,

As an attorney in New York, If everything is as you say it is, and of course without having seen any of the documents first-hand none of us know the truth of the agreement except you and Ms. Smith, Your best course of action is to seek competent legal advice from an attorney who will no doubt advise you to pursue your legal remedies (i.e. start a cause of action against her in state or federal court for breach of contract), instead of possibly exposing yourself to liability by publishing statements, which if untrue, could be construed as libel, depending upon the jurisdiction that you live. The first thing I do when I advise a client is tell him/her to shut up and let the lawyer do the talking. By publishing statements like this before a Court finds in your favor only makes your attorney's job harder, could potentially reduce your overall recovery, and could even possibly expose you and your company to liablility.
  #3   Report Post  
Old October 24th 05, 08:50 PM
Edward Labate
 
Posts: n/a
Default CHESS DIGEST BREACH: TEXAN CHEATS CALIFORNIAN

Hello Louis,

Thank you so much for your advice and wisdom. I do have all supporting
documents, and therefore could withstand a libel or slander suit. My
main purpose in exposing Linda Griffin, Brad Smith and CHESS DIGEST is
to warn prospective purchasers that the total inventory is owned by
me...and therefore, any potential purchase would be under a cloud of
ownership. To this day, I've never been sent a letter, certified or
otherwise, or an email, or a phone call and been advised as to where I
have failed to live up to any part of the written contract, nor have I
been ordered to perform on any unfilled portion of this agreement. I
have not been accused of failing to do anything...just this apocryphal
statement..."I refuse to pay you one more penny". I've never made this
statement nor have I ever written this statement, nor can they do
anything more than just lie that I ever made this statement, written or
oral to them.

My phone calls have been refused for over four months including again
Sunday night, Oct. 23. This is why I decided to take it to the court of
'PUBLIC OPINION'. Ken Smith was a great man, and it's sad that the
CHESS DIGEST name is now going to be remembered for this. At least we
NOW know why Ken divorced Linda in 1983 and married that princess of a
lady, ELAINE!!

Thanks Again for your kind efforts!!

Warmly,

Edward Labate

Louis wrote:
Edward Labate Wrote:
Dear Chess Players,
Please, please, please...any chessplayer reading this...please
forward this email to as many chessplayers, chess clubs, institutions,
organizations, etc. I've already contacted almost every National CHESS
Federation possible, but some Federations emails don't seem to be
current or something. Thank you in advance for your assistance.
LINDA
'HUSSEIN' GRIFFIN will only understand force.
In December 2004, I entered into an agreement with Linda Griffin
(Ken Smith's ex-wife, divorced in 1983) to purchase chess Digest
including all publishing rights...here's a copy of the BILL OF SALE
along with Linda's Griffin acceptance of it...

"Edward, this is agreeable with me. I will print it and sign it and
fed
ex with other stuff to you now. Linda

P.S. When would you like my banking information?

wrote:
BILL OF SALE
Chess Digest, Inc. a Texas corporation (Seller) in exchange for $8,000
cash and a second cash payment upon (TOTAL SHIPMENT and RECEIPT)
first shipment of books, $20,000 cash and a Promissory Note for a
minimum of *$40,000 (*Amount subject to increase upon verification,
assessment and appraisal of inventory contents and their value as
performed by Mr. Labate and his staff) payable over 25 months,(27
MONTHS minimum with monthly payments of $1,500.00 MINIMUM, payable on
or before the 20th of each month, beginning 06.20.2005 and continuing
until the *PROMISSORY NOTE is satisfied.) the receipt of both such
items of consideration being acknowledged, hereby sells, transfers,
and
assigns to Edward Labate of Orange, Calif. (Buyer) the assets
described
in the attached Exhibit "A", along with:
1. Full publishing rights to the list of publications described in
the attached Exhibit "B".
2. Full rights to the "Chess Digest" name, Internet domain, and
related logos and trademarks.
3. Full rights to the contents and electronic files associated with
the Seller's Web site and catalog.
4. Copies of all electronic files and paper copies associated with
Seller's current Web site,publication manuscripts, catalog, Internet
domain, related logos, trademarks and promotional literature.
5. Records of Sellers, vendors and suppliers, including
contacts,addresses, and phone numbers.
6. Copies of Seller's contracts and working agreements with vendors
and suppliers, including credit terms, where applicable.
7. Permission to utilize Ken Smith's name as part of Sellers
personal identity.
8. Seller's complete customer list in electronic format, if
available, including names, addresses, phone numbers and sales
histories.
9. Any and all storage and shelving units currently housing
Seller;s
merchandise.
10. (In the event of legal action being brought against either party,
all reasonable legal fees will be reimbursed to prevailing party.)

Seller warrants and represents that it is the owner of the assets
being
transferred under this Bill of Sale, subject to no liens or
encumbrances, .


Date: ____________________________
December 22, 2004

SELLER:

CHESS DIGEST,INC.

BY------------------------------------------------
Linda
Smith Griffin"
CHESS DIGEST BREACH: TEXAN CHEATS CALIFORNIAN: It looks like the
CHESS DIGEST transaction has fallen apart, and is headed for
LITIGATION. The terms on the BILL OF SALE stated that labatechess
needed to transfer $8,000.00 to LINDA GRIFFIN, Ken Smith's ex-wife, to
pay for the complete warehouse of books that are currently housed in
the CHESSBASE WAREHOUSE in ARDMORE, ALABAMA, to be packaged and
trucked
to Southern California, and then up-on arrival we were to wire
additional $$$, in addition to monthly payments. During our
negotiations, she kept stressing how she needed the money for
Christmas.
I of course queried..."If you're giving the money to your children,
are
you going to have the $$ to move the books from Ardmore???" she
assured
me in fact that she would use every penny of the $8,000.00 to ship me
the books.

Here's the original Dec. 18, 2004 email...

----- Original Message -----

From: james griffin To:


Sent: Saturday, December 18, 2004 2:56 PM

Subject: If you're giving the money to your children, are you going
to have the $$ to move the books from Ardmore???

"Edward, I am not giving the money to my children, just will enable
me to give them a better Christmas." I will use the money to move the
books." Thank you, Linda"

We not only wired the $8,000.00 to CHESS DIGEST/LINDA GRIFFIN, we
advanced three additional payments totaling $10,000 and advanced an
additional $4307.00 in FEDEX fees. But unfortunately, even our good
faith has not only gone unrewarded, but has made Mrs. Griffin even
greedier, assuming that was possible. Less than 10% was shipped, and
she has broken off all communications and has ordered that nothing
further be shipped to me.

What's even monstrously comical, she wants an additional agreement
from
me, requiring more terms, and more $$, even though I've already
fulfilled and exceeded what I agreed to do in the original agreement,
wherein, she has failed to live up to her part of the agreement: To
empty out the complete CHESS DIGEST inventory of over 89,700 books,
currently housed in the CHESSBASE WAREHOUSE in ARDMORE, ALABAMA, and
ship to me!!

LINDA 'HUSSEIN' GRIFFIN: Linda Griffin is just like Hussein. He was
only willing to negotiate when he was caught in that rat hole. Griffin
is no different...she'll be caught in the rat hole, and will only do
what a court forces her to do. She obviously can't be trusted to even
do what she wrote up and signed. She's had seven months to do what's
right, and she won't. Until she sees process servers, bank levies, and
liens on everything she owns, she won't do what's right.

Rather than admit the errors of her ways, and just ship the DAMN
books as per the Bill Of Sale, she's now claims I've cheated her,
yet can't seem to provide one shred of evidence except to fabricate a
statement I've never made. If the books were here, I'd be paying.
Well,
they're not here, and I received an email on June 22 demanding I send
her my first payment as per the 'BILL OF SALE' overlooking one
small...little...itty...bitty...insignificant...so rry to bother
you...detail...over 90% of the Inventory has yet to arrive!!!

LINDA 'HUSSEIN' GRIFFIN needs to be trapped...like the sniveling
lowlife that she is...and then hear her squealing for mercy...and
there
won't be any!!

YASSER SEIRAWAN/INSIDE CHESS TO THE RESCUE:

However, as I've noted in all my new ebay auctions, we've picked up
the
void by reaching an agreement with YASSER SEIRAWAN and INSIDE CHESS
for
the complete and total inventory of over 30,068 books and 7200 TASC
CDs, and those,000 items have already in California, and are
HERE!!...in our office/warehouse @ 109 W. Chapman Ave.,, CA
92866-1404/
(714) 538-3844, unlike CHESS DIGEST, where the INVENTORY is still
stuck
in the CHESSBASE WAREHOUSE in ARDMORE, ALABAMA, awaiting a court
date!!


Please...any chessplayer reading this...please forward this note to as
many chessplayers, chess clubs, institutions, organizations, etc. I've
already contacted almost every National CHESS Federation possible, but
some Federations emails don't seem to be current or something. Thank
you in advance for your assistance. LINDA 'HUSSEIN' GRIFFIN will only
understand force.

Those of you that would like to send LINDA 'HUSSEIN' GRIFFIN your
thoughts on the above, please contact her @
or
. Thank you


Thank you so much for your time and interest!

If you have any questions at all, PLEASE...feel free to call me, (714)
998-4006

The very Best Wishes to YOU and YOURS

Edward Labate
National Chess Master

c/o 1038 N. Tustin Ave.; Suite 364
Orange, CA 92867-5958
(714) 998-4006


Edward,

As an attorney in New York, If everything is as you say it is, and of
course without having seen any of the documents first-hand none of us
know the truth of the agreement except you and Ms. Smith, Your best
course of action is to seek competent legal advice from an attorney who
will no doubt advise you to pursue your legal remedies (i.e. start a
cause of action against her in state or federal court for breach of
contract), instead of possibly exposing yourself to liability by
publishing statements, which if untrue, could be construed as libel,
depending upon the jurisdiction that you live. The first thing I do
when I advise a client is tell him/her to shut up and let the lawyer do
the talking. By publishing statements like this before a Court finds in
your favor only makes your attorney's job harder, could potentially
reduce your overall recovery, and could even possibly expose you and
your company to liablility.


--
Louis


  #4   Report Post  
Old October 25th 05, 02:19 AM
pawnstormCA
 
Posts: n/a
Default CHESS DIGEST BREACH: TEXAN CHEATS CALIFORNIAN

Ed,

Can I ask you why the Bill of Sale that you've been emailing to
practically the entire Chess community is not the same as the one you
pasted to this newgroups?

The Bill of Sale that you've been emailing to everyone including USCF
Board members does not have the phrase "first shipment of books" in
terms of when the second payment is due. Why was this omitted?

This seems to be a rather convenient omission of what I'd imagine are
the most important 4 words in the entire, poorly written contract. How
can we give your statements any credibility when you do such a thing?
How do we know that the other terms you claim are correct or that you
didn't omit other terms? Louis, would such an omission potentially be
considered libelous?

If we assume the agreement as you posted to the newgroups is the actual
agreement, the one which contains the phrase "first shipment of books",
why do you think that you do not owe her the second payment? You
acknowledge receipt of the "first shipment of books", which is the sole
trigger mechanism for the $20,000 being owed in the contract.

Have you taken any other legal actions in this matter, such as putting
the balance of the 2nd payment owed in escrow until things are
resolved?

  #5   Report Post  
Old October 25th 05, 02:28 AM
pawnstormCA
 
Posts: n/a
Default ATTEMPTED CORRECTION TO CHESS DIGEST BREACH: TEXAN CHEATS CALIFORNIAN

Louis,

"a second cash payment upon (TOTAL SHIPMENT and RECEIPT) first
shipment of books, $20,000 cash and a Promissory Note for a minimum of
*$40,000 "

How would the courts handle a contract that seems to have two seemingly
contradictory terms? I am referring to the (TOTAL SHIPMENT AND RECIEPT)
and first shipment of books. These are not the same thing. If the
threshhold for the payment being owed is the first shipment of books,
wouldn't the payment be owed since he acknowledged receipt of nearly
10,000 books. If the threshhold for the payment being owed is the
(TOTAL SHIPMENT AND RECIEPT), the payment wouldn't be owed since the
bulk of the books are not in his possession. How should this be
resolved?

As an attorney, do you think such a contract is enforcable in light of
the contradictions, ambiguities and missing terms (such as legal
jurisdiction)?



  #6   Report Post  
Old October 25th 05, 02:58 AM
Edward Labate
 
Posts: n/a
Default CHESS DIGEST BREACH: TEXAN CHEATS CALIFORNIAN

Hello,
The actual BILL OF SALE shows "...Upon Total Shipment and Receipt
of Books" and replaces this four word phrase ""...First Shipment of
Books". Therefore, to respond to your question..."If we assume the
agreement as you posted to the newsgroups is the actual agreement, the
one which contains the phrase "first shipment of books", the answer is
that the final BILL OF SALE contains only the six word
phrase..."...Upon Total Shipment and Receipt of Books" and replaces
this four word phrase ""...First Shipment of Books". This was
correction I had made when it was presented to me, and it was properly
removed. As you may have noticed in all the emails, six words were in
Red to emphasize what I wanted. However, Louis was right, and my
attorney did go through the roof went he saw me posting on this site.
When I explained to him that the main reason for posting was to alert
prospective buyers of attempting to purchase inventory that was in
litigation, he said he didn't care what the reason was, STOP
POSTING...

Warmest Regards,
Edward Labate

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Old October 25th 05, 03:05 AM
pawnstormCA
 
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Default CHESS DIGEST BREACH: TEXAN CHEATS CALIFORNIAN

Who wrote the contract?

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Old October 25th 05, 03:32 AM
FiFiela
 
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Default CHESS DIGEST BREACH: TEXAN CHEATS CALIFORNIAN

he said he didn't care what the reason was, STOP POSTING...

Your attorney is wise. By any chance, is his name David Affeld?

One of dangers of the internet is getting excited and going ballstic
world-wide. Quiet negotiation is going to be tough now.

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Old October 25th 05, 04:37 AM
Edward Labate
 
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Default CHESS DIGEST BREACH: TEXAN CHEATS CALIFORNIAN

Hello,

Yes, David Affeld is my attorney!

Warmest Regards,
Edward Labate

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Old October 25th 05, 04:40 AM
Edward Labate
 
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Default CHESS DIGEST BREACH: TEXAN CHEATS CALIFORNIAN

Linda Griffin wrote the contract, and the actual BILL OF SALE shows
"...Upon Total Shipment and Receipt of Books" and replaces this four
word phrase "...First Shipment of Books".

Edward Labate

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