Posted on 10/14/2022 9:20:44 AM PDT by DUMBGRUNT
Valued at $53,595, the truck was highlighted on social media by a country club in Morrilton, Arkansas, in the days that led to the weekend tournament. “Hole-in-one on #10 gets you the keys to this F-150,” the country club said in a Oct. 7 Facebook post. “Thanks to Jay Hodge Ford of Morrilton!”
Except the country club and car dealership refuse to hand him over the keys. Clagett is now filing suit against both, with his attorney stating he was cheated out of his prize.
(Excerpt) Read more at kansascity.com ...
“Here, I have the $1000 for the insurance but let’s face it, no one will get a hole in one and no one needs to know if we don’t buy it!!!! Drinks are on me!!!”
I grew up in The South and the difference between Yankees and Damn Yankees is that Yankees go back home.
Or “the keys to a new F-150”...so they hand him a set of keys.
“Shee-yit, Jim Bob, you said there was no change anyone could actually WIN!”
Back in 2007 Jordans Furniture of MA/NH advertised any furniture bought in April would be FREE if the Red Sox win the World Series. The Sox swept the Series and the gave away about 30,000 pieces of furniture.
Depends on the facts. Which neither of us have at this point. Like when did they decide they weren't going to pay off.
More interesting point - does the dealership have a cause of action against the golf course? Again, depends on the facts. But I'd rather represent the dealer than the golf course at this point.
They said a hole-in-one entitles you to the keys. Truck, taxes and title extra.
I’m about as old time yankee as it gets, at least in terms of family roots. If it wasn’t for said family roots, I would move south without a word of complaint. (except for the damn yankee liberals, but I already complain about them)
There’s a difference between yankees and damn yankees........difference being damn yakees don’t leave.
You got it 😉
Actually the owners should be prosecuted for grand larceny. If he stole a truck he would be prosecuted. That is his truck as soon as he won. Their refusal to give it to him is criminal theft.
Not a legal beagle here but I would hope that #4 (plaintiff legal fees) would be the responsibility of the defendant also as it was the defendant’s actions that caused the plaintiff to incur those legal fees.
If not that would explain the popularity of SLAPP legal actions.
With very limited exceptions that would not apply here, we do not have loser pays attorney fees in this country.
Yes, I mentioned in an earlier post that the outcome depends on the facts. In terms of the cause of action, though, it's a simple breach of contract case.
“... we do not have loser pays attorney fees in this country”
Did you mean ‘in this county?’ Because several states have some versions of ‘loser pays’ laws ... Alaska, Texas, Oklahoma to name a few.
It will be like jackpots won on slot machines. “We reserve the right to refuse prizes” in the small print. The CC will find some clause that said the hole in one didn’t meet certain criteria like having some official witness it or it wasn’t recorded on a CC provided camera. Something like that.
The fraud is they denied him the truck he had met the requirements to own. That’s $52,000.
It’s like hitting a million dollar jackpot at the casino, and the house doesn’t want to pay, so they give you your $10 bet back. That’s not how this works.
No, I meant country. I qualified my statement by saying that there are limited exceptions. I believe the fee-shifting statutes in the states you mentioned apply only to certain kinds of cases and circumstances. The general rule in the country is that the loser does not pay, the so-called "American Rule."
Usually it’s a 1-2 year lease on the vehicle.
Or a Tonka...
I can’t read the article because of a pop up. Anyway, whenever I have played in a tournament with a big hole in one prize there is always a least one observer at the tee box or near the green to witness and confirm that a hole in one was actually made. If for some reason the designated observer was absent at the time;(maybe had to go to the bathroom) then it would be hard to get the insurance payment without the witness.
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