- May 9, 2012
- 24,625
- 85,206
- Primary Interest:
- Other
Hal, I don't have the document. I'll do what I can. I make no promises.
Generally, purchase contracts have three elements. An offer, an acceptance and consideration. I'm assuming (always dangerous) the non disclosure aspect was a part of the consideration. If breached, it would mean the value of the Non disclosure to the whole of the transaction had not been met. The terms (the lawyer speak fine print) would become all important and could mean the object (stones) would have to be returned or a dollar amount would come into play. Under the best case, the document would spell all that out. If not; the court would have to decide what the appropriate value of the non disclosure was at the outset of the transaction. Regardless; it would have given Mitchell ample $$$ reason to withhold the Tumlinson identity.
Those reading the agreement might tell if a clause or contingency may have been at play too , though it may not have had to be in writing.
How else to secure an agreement that could out a family name ...because once the cat was out of the bag , going to court would not put it back.
The stones without provenance are only stones after all , allowing future leverage for the seller. Even if they may not have held the whole cookie yet , (yet at the time of sale they knew the stones origins and value as treasure maps)they knew more than most.
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