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Home > Archive > Chess politics > October 2005 > CHESS DIGEST BREACH: TEXAN CHEATS CALIFORNIAN
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CHESS DIGEST BREACH: TEXAN CHEATS CALIFORNIAN
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| Edward Labate 2005-10-24, 7:32 pm |
| 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.
quote:
>
> 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 2005-10-24, 11:30 pm |
| 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?
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| Edward Labate 2005-10-24, 11:30 pm |
| 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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| pawnstormCA 2005-10-24, 11:30 pm |
| Who wrote the contract?
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| FiFiela 2005-10-24, 11:30 pm |
| <<<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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| Edward Labate 2005-10-25, 2:35 am |
| 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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| Equinorm@AOL.com 2005-10-25, 5:31 am |
| Some free advice. When your attorney tells you to stop posting, stop
posting.
- Geof Strayer
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| pawnstormCA 2005-10-25, 7:32 pm |
| I think that both yourself and Linda should be ashamed of yourselves
for signing such a simply awful contact, regardless of whomever wrote
it.
If (hypothetically) Linda changed her mind tomorrow and agreed to send
you the remaining books, do you have the balance of the second payment
(over $10,000) in-hand to pay her since it would be due immediately? If
what you said is true about the shipping costs, it would likely cost
you at least an additional $15,000 to ship the books from Tennessee to
California.
Do you have the $25,000 in cash in-hand to fulfill your end of the
agreement, should Linda change her mind? If you don't, why are you
wasting your time pursuing legal action to enforce a bill of sale that
has obligations that you yourself can't fulfill?
And if you do, why don' t you give the money to your attorney to be
held in an escrow account for Linda, payable upon receipt of the books?
It appears that this whole disagreement stems from the fact that Linda
doesn't trust that you'll actually make the second payment once you
have the books. Given the rumors I've heard about your past business
dealings and your infflammatory posts/spamming about this, I don't
blame her. Putting the money into escrow will take the issue of trust
off the table since the cash will already be held by a legally bound
third party to distribute once the books are received.
The question is... Do you have the $25,000+ that is required? If you
do, put it in escrow. If you don't, shut the hell up!
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| Edward Labate 2005-10-25, 7:32 pm |
| RE: BIG MOUTHS SPEWING VENOM AND BS HIDING BEHINDING A HANDLE:
Dear pawnstormCA/wannabe counselor, Finally you reveal your
agenda...rumour mongering, uninformed business estimates, and zero
comprehension of contract law. To answer your first question...yes I
do have the $25,000 in cash, although I don't where you came up with
the $25,000.00 figure...the balance owing if all the books were here is
$5,693.00!! I can't answer any more questions due to the demands of my
attorney.
But I can ask questions: What gives you the right to demand where I
'MUST' put my cash, "...If you do, put it in escrow."??? and of course
this other GEM, "...If you don't, shut the hell up!..." Since I do, do
you now, "...shut the hell up!" I don't even know who you are...you're
clearly not a friend, nor an advisor, but another visible example of
these FORUMS...big mouths hiding behind a handle!! If your post are
sincere, which at this point they clearly don't appear to be, you may
call me @ (714) 998-4006, identify yourself and I will attempt to
answer your questions that I am allowed to answer. I can only guess
Linda herself, or her son or Jerry Hanken...if you are Hanken, I will
hang up on you, so don't bother calling!! I had enough of you last
millennium...and your current rants and vulgarity show me you've gotten
worse with age, not better!!
Edward Labate
pawnstormCA wrote:
quote:
> I think that both yourself and Linda should be ashamed of yourselves
> for signing such a simply awful contact, regardless of whomever wrote
> it.
>
> If (hypothetically) Linda changed her mind tomorrow and agreed to send
> you the remaining books, do you have the balance of the second payment
> (over $10,000) in-hand to pay her since it would be due immediately? If
> what you said is true about the shipping costs, it would likely cost
> you at least an additional $15,000 to ship the books from Tennessee to
> California.
>
> Do you have the $25,000 in cash in-hand to fulfill your end of the
> agreement, should Linda change her mind? If you don't, why are you
> wasting your time pursuing legal action to enforce a bill of sale that
> has obligations that you yourself can't fulfill?
>
> And if you do, why don' t you give the money to your attorney to be
> held in an escrow account for Linda, payable upon receipt of the books?
> It appears that this whole disagreement stems from the fact that Linda
> doesn't trust that you'll actually make the second payment once you
> have the books. Given the rumors I've heard about your past business
> dealings and your infflammatory posts/spamming about this, I don't
> blame her. Putting the money into escrow will take the issue of trust
> off the table since the cash will already be held by a legally bound
> third party to distribute once the books are received.
>
> The question is... Do you have the $25,000+ that is required? If you
> do, put it in escrow. If you don't, shut the hell up!
| |
| pawnstormCA 2005-10-26, 2:31 am |
| Ed,
It is unbelievable that you would expect Linda to pay what will be well
in excess of $10,000 to ship the many, many tons of books out of what
you're paying her for the books. One has no choice to assume that is
what you believe when you said that by your calculation only $5,693 is
owed; You previously said you paid $4307.00 in freight charges to FedEx
for the first shipment so the numbers combined and added to the $10,000
in advance payments you claim were made equal the $20,000 second
payment..
It has been my experience that when you buy something, unless it is
specifically stated in the contract, that the purchase pays the
shipping charges. I did not see any mention in the contract that Linda
is the one who has to pay to ship those books across the country. For
you to then say that the money to paid to FedEx for the freight is the
same as money paid to her is outrageoust. The money you are giving her
is for the books. It's up to you to get them and pay for the shipping.
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| Edward Labate 2005-10-26, 2:31 am |
| OKAY LINDA GRIFFIN, IT IS YOU...AT LEAST THAT EXPLAINS YOUR REFUSAL TO
CALL AND IDENTIFY YOURSELF...ANYWAY, OKAY I'LL PLAY ALONG...GEE WHIZ,
HOW DO YOU KNOW "....the many, many tons of books..." YOU'RE
PATHETIC!!!
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| FiFiela 2005-10-26, 5:31 am |
| Your in Good Hands. Do as he says.
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| Edward Labate 2005-10-26, 5:31 am |
| Hello,
Yes, I'm lucky having David on my side!! Thank you for your kind
works. 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
1038 N. Tustin Ave.; Suite 364
Orange, CA 92867-5958
(714) 998-4006
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| pawnstormCA 2005-10-26, 7:37 pm |
| Ed,
In one of your numerous posts, you said the following..
"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!! "
It doesn't take a supercomputer to realize that 89,700 books will weigh
"many, many tons." Even if each book weighed one-third of a pound, that
is approximately 30,000 pounds or 15 tons of books!
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| Edward Labate 2005-10-26, 7:37 pm |
| WHAT EVER YOU SAY LINDA!!!!
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| Edward Labate 2005-10-26, 7:37 pm |
| OKAY LINDA!!
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| Paul Rubin 2005-10-29, 11:33 pm |
| "pawnstormCA" <pawnstormca@yahoo.com> writes:
quote:
> I think that both yourself and Linda should be ashamed of yourselves
> for signing such a simply awful contact, regardless of whomever wrote it.
I don't even see that the contract was signed by both people, just
that Linda offered to sign it. Who knows what happened after that?
Edward is far too incoherent to drum up any sympathy from me here.
A court is going to have to sort this out.
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| Edward Labate 2005-10-30, 2:31 am |
| "Paul Rubin wrote: I don't even see that the contract was signed by
both people, just that Linda offered to sign it. Who knows what
happened after that? Edward is far too incoherent to drum up any
sympathy from me here. A court is going to have to sort this out."
DEAR MR. RUBIN, OF COURSE SHE SIGNED IT...I WOULDN'T HAVE WIRED THE
$8000.00 SHE SAID IT WOULD TAKE TO SHIP ALL THE BOOKS UNLESS I DID HAVE
A SIGNED CONTRACT...WHAT HAPPENED AFTER THAT HAS BEEN STATED MANY TIMES
IN VARIOUS FORUMS...AND FOR YOUR INTEREST, I'M NOT AFTER SYMPATHY, I'M
ADVISING ANYONE INTERESTING IN PURCHASING CHESS DIGEST THAT THEY ARE
PURCHASING INVENTORY THAT IS CLEARLY UNDER A CLOUD OF OWNERSHIP...AND
IS BEING TRIED CHALLENGED IN THE COURTS...EDWARD LABATE,
WWW.LABATECHESS.COM
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| Paul Rubin 2005-10-30, 7:33 pm |
| "Edward Labate" <labatechess@sbcglobal.net> writes:
quote:
> IS BEING TRIED CHALLENGED IN THE COURTS...EDWARD LABATE,
Fine, the court will figure out what happened. I can't take seriously
the claims of anyone who doesn't understand the what the caps lock key
does. So I'll give far more weight to the court's opinion than to yours.
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| Edward Labate 2005-10-30, 7:33 pm |
|
Paul Rubin wrote:
"Edward Labate" <labatechess@sbcglobal.net> writes:
IS BEING TRIED CHALLENGED IN THE COURTS...EDWARD LABATE,
Fine, the court will figure out what happened. I can't take seriously
the claims of anyone who doesn't understand the what the caps lock key
does. So I'll give far more weight to the court's opinion than to
yours.
Dear Mr. Charming, I left the 'caps lock' on for emphasis...what was
your reason for "...who doesn't understand the what the..."??? Thanks
for your coherent, soulful remarks!! Edward Labate,
www.labatechess.com
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