One of my favorite tactics when I was practicing law, was to let a witness babble on, while on the stand until they found out they had just BS'd themselves into a corner.
Mark Claiborne (aka Safariman) has just done that.
Now for some facts:
1. On Thursday, December 13, 2012, Mark Claiborne (the seller) and I (the buyer) verbally agreed to the sale of a Winchester Model 71, long tang pre-WW-II rifle for a total price, including shipping of $1,000.00 (the "rifle") (the "contract"). 2. On Thursday, December 13, 2012, I mailed check number 450 to Mark Claiborne in the amount of $1,000.00 ("check #450") as full payment for the rifle. 3. Check #450 was received by Mark Claiborne on Saturday, December 15, 2012, according to a private mail that he sent to me on Monday, December 17, 2012. 4. Mark Claiborne talked with me on Monday, December 17, 2012 and described his circumstance at the time. He said that he was dead broke, the $1,000.00 check that I sent to him was a God send, since both of his two automobiles were inoperable, and that he had no money to repair them. He also told me that he was in such poor health that changing the serpentine belt on his wife's car (she is the sole breadwinner, according to him) so that it would operate might be beyond his ability. 5. Previously, Mark Claiborne told me that he had done some repairs to the Model 71 (after I sent the check), and that one of the pins "was still proud", in his words. These repairs were not revealed to me when we formed the contract. 6. Later, Mark Claiborne revealed that the rifle was so dirty, that he would send it to a local gunsmith, and have it thoroughly cleaned at his expense. This from a guy, who just told me that he was dead broke, and could not afford to have his automobiles repaired. This appeared to be a delaying tactic. 7. Mark Claiborne told me via private mail on December 17, 2012, that he could not ship out the rifle in a timely fashion, because his automobiles were inoperable, but that check #450 for $1,000.00 would really come in handy. So, he could not ship the rifle out, but he could deposit the check? 8. Mark Claiborne breached our December 13, 2012 contact doubly, first, when he said that he could not ship the rifle in a timely manner, and second, when he revealed repairs to the rifle and the necessity for cleaning that were not revealed to me prior to the formation of the contract. 9. Since Mark Claiborne could not or would not perform under the contract, I was relieved of my duties under that same contract. 10. Therefore, at 4:00 p. m. EST on Monday, December 17, 2012, I stopped payment of check #450, and informed Mark Claiborne on that day, that I would no longer be purchasing the rifle and to not attempt to cash check #450.
As to the second rifle, the Savage 99, he is correct. I changed my mind, told him that I would not be purchasing it and apologized.
