Court orders man to complete eBay deal on WWII plane

Discussion in 'Aviation' started by syscom3, Aug 4, 2007.

  1. syscom3

    syscom3 Pacific Historian

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    SYDNEY, Australia (AP) -- An Australian court ordered a man to hand over a vintage plane worth about $215,000 after he tried to back out of an eBay auction, a newspaper reported Friday.

    The New South Wales state Supreme Court ordered Vin Thomas to complete the deal after he changed his mind about selling the 1946 World War II Wirraway plane he had placed on the Internet auction site last year, the Sydney Morning Herald reported.

    Peter Smythe, a Australian warplane enthusiast, was the only person to bid on the item, matching the $128,640 reserve price just moments before the auction ended in August last year.

    But Thomas had already agreed to sell the plane to someone else for $85,800 more than Smythe's offer, and backed out of the sale, the newspaper said.

    Smythe took Thomas to court, hoping a judge would force him to follow through with the deal.

    Judge Nigel Rein agreed, saying the eBay auction formed "a binding contract between the plaintiff and the defendant and ... should be specifically enforced."
     
  2. Soundbreaker Welch?

    Soundbreaker Welch? Active Member

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    Be careful too about withdrawing a bid. You may end up in court!
     
  3. DerAdlerIstGelandet

    DerAdlerIstGelandet Der Crew Chief
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    I think the court did the right thing.
     
  4. Gnomey

    Gnomey World Travelling Doctor
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    Yep. Tough sh*t he didn't get the extra money.
     
  5. Micdrow

    Micdrow “Archive”
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    Thats good news, I think the court system did the right thing on this matter.
     
  6. Soundbreaker Welch?

    Soundbreaker Welch? Active Member

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    Yeah. The owner shouldn't have tried to deal behind Ebay's eyes.
     
  7. evangilder

    evangilder "Shooter"
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    Sounds like greed got the better of him and he tried to wangle out of a deal to get a better price. Well, if that was the reserve price and it was met, too bad. I agree with the court on this one as well.
     
  8. ccheese

    ccheese Member In Perpetuity
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    I'm glad the court saw fit to do what was right.

    Good decision by the Judge.

    Charles
     
  9. mkloby

    mkloby Active Member

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    I don't understand why he would've gone about it that way - he could have withdrew the item from eBay and sold it to the guy on the side... instead he left it on the site. Foolish.
     
  10. Heinz

    Heinz Active Member

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