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Commercial Law Keyed to Whaley
Fitl v. Strek
Citation:
269 Neb. 51, 690 N.W.2d 605 (2005)Facts
In September 1995, Fitl purchased a collectible baseball card from Strek for $17,750 at sports card show in California. After Strek delivered the card to Nebraska, Fitl transferred the baseball card to a safe-deposit box. In May 1997, Fitl sent the card to grading service to have it appraised. The service informed Fitl that the card had been altered and had no resale value. Fitl sent Strek a letter to notify him of the grading service’s appraisal and of his intent to sue if the card was not replaced. Strek responded that he could not replace the card and that Fitl should have notified him earlier. After confirming the card’s altered status with a different grading service, Fitl sued Strek in September 1997 to recover the amount he paid for the card.
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