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Home > Archive > Chess politics > October 2005 > ATTEMPTED CORRECTION TO CHESS DIGEST BREACH: TEXAN CHEATS CALIFORNIAN
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ATTEMPTED CORRECTION TO CHESS DIGEST BREACH: TEXAN CHEATS CALIFORNIAN
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| Edward Labate 2005-10-23, 7:33 pm |
| 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?
labatechess@sbcglobal.net 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: labatechess@sbcglobal.net
Sent: Saturday, December 18, 2004 2:56 PM
Subject: Re: 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...sorry 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 @ martiniat8@yahoo.com or
jimmyglindag@yahoo.com. 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
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Edward Labate Wrote:
quote:
> 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?
>
> labatechess@sbcglobal.net 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: labatechess@sbcglobal.net
>
> 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...sorry 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 @ martiniat8@yahoo.com or
> jimmyglindag@yahoo.com. 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
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pawnstormCA Wrote:
quote:
>
>
> 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?
>
I don't think so, but of course a judge or jury could feel differently.
According to well established case law, a written statement is
libelous per se if it tends to "expose the plaintiff to public
contempt, ridicule, aversion or disgrace, or induce an evil opinion of
him in the minds of right-thinking persons, and to deprive him of their
friendly intercourse in society." Public Relations Soc. of America,
Inc. v. Road Runner High Speed Online, 8 Misc.3d 820, 799 N.Y.S.2d 847,
(N.Y.Sup. Ct., NY Co., 2005) citing Foster v. Churchill, 87 N.Y.2d 744,
751, 642 N.Y.S.2d 583, 665 N.E.2d 153 (NY 1996), quoting Rinaldi v.
Holt, Rinehart & Winston, 42 N.Y.2d 369, 379, 397 N.Y.S.2d 943, 366
N.E.2d 1299 (NY 1977), cert. denied 434 U.S. 969, 98 S.Ct. 514, 54
L.Ed.2d 456 (1977). This definition, which relies on language from the
United States Supreme Court, does not suggest (to me) that a factual
error like the one described here rises to the level of libel per se.
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?
This seems to me to be a very good idea.
Oh, by the way, I am posting the above "for information only", and
nothing herein should be construed as legal advice for any person or
entity whether within or outside the (great) State of New York. As
always, one should always consult with an attorney in the State where one
resides for the most up-to-date and relevant legal advice. Nothing in any
of my posts should be construed as legal advice. Lastly, nothing in my
posts should be considered to create an attorney/client relationship
between myself and any other party.
--
Louis
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pawnstormCA Wrote:
quote:
> 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)?
Contradictions and ambiguity in a contract are, in New York and I
assume most everywhere else in America, construed against the drafter.
In other words, if a court (judge or jury) finds ambiguities in a
contract, the court will interpret ambiguous terms against the party
that actually wrote the contract and in favor of the party who did not
write the contract. If the language of the contract is unclear, but
both parties intended the same thing, the court could also reform the
contract to reflect the intention of the parties. In special
circumstances, the court (at least in New York) may look to "parole
evidence" (evidence other than the terms contained within the
four-corners of the contract), to determine the intentions of the
contracting parties.
Secondly, the absence of a clause relating to jurisdiction is not, by
itself, defective. In the absence of such a clause, the court will
have to determine on its own whether the court where the action is
commenced has personal or subject matter jurisdiction over the lawsuit.
The criteria that court's use to determine whether they can exercise
jurisdiction over a particular lawsuit is, as they say, "beyond the
scope of this post".
Oh, by the way, I am posting the above "for information only", and
nothing herein should be construed as legal advice for any person or
entity whether within or outside the (great) State of New York. As
always, one should always consult with an attorney in the State where
one resides for the most up-to-date and relevant legal advice. Nothing
in any of my posts should be construed as legal advice. Lastly, nothing
in my posts should be considered to create an attorney/client
relationship between myself and any other party.
--
Louis
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Edward Labate Wrote:
quote:
> 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.
> [/color]
Of course, the "truth" is an affirmative defense to a cause of action
sounding in libel. In other words, if a court (judge or jury)
establishes that what you have published is the truth, the statements
can't be considered libelous.
Oh, by the way, I am posting the above "for information only", and
nothing herein should be construed as legal advice for any person or
entity whether within or outside the (great) State of New York. As
always, one should always consult with an attorney in the State where
one resides for the most up-to-date and relevant legal advice. Nothing
in any of my posts should be construed as legal advice. Lastly, nothing
in my posts should be considered to create an attorney/client
relationship between myself and any other party.
--
Louis
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