Member
I'll copy what I wrote at SN, and add some things:
First, Phil paid for a service that was never provided. He claims Andy has no money, and the texts seem to buttress this claim, but Andy is still producing razors. So Andy does have money, just not the full $10k. If I were Phil, I would seek damages in court. While it is unfortunate about Andy's wife, that does nothing to lessen the debt owed Phil. Moreover, Andy's wife absconded with the money many months prior to the payment being made from Phil to Andy.
Now, I own none of these razors, so I have no horse in this game. I will say that Phil has been astoundingly patient. If I were in his shoes, I would have taken Andy to court, garnished his wages, put liens on any property he owns, until I was paid back in full. The other offers that Andy made Phil aren't relevant, because that was not the deal agreed to when the purchase was made.
Regarding the intellectual property claim against Phil, I am not so sure. Phil has a different design. 17-4 is a common metal. Does Andy have a trademark/copywrite? These are all unknown. Regardless, how can Andy seek damages against Phil when Phil has not yet released his razor? And, how does Andy know the razor is identical?
Given the amount of copycating/re-releasing with marginal improvements that happens in this industry, I can't really see how Andy could quantify his damages, especially when any damages would be the result of failing to fulfill his obligation to Phil, or, alternately, repay the debt + interest. Andy could have fulfilled the contract, evidenced by the fact that he is still producing his own razors. At no point has Andy stopped pursuing money-making ventures. With Phil's money, apparently.
Not trying to throw gas on the fire, just summarizing as I see it. Please correct me if I am wrong anywhere. The bottom line seems to me to be Phil is still owed a significant amount of money. If I were Andy, I'd make completing my half of the deal my first priority. Only a matter of time until Phil goes legal.
First, Phil paid for a service that was never provided. He claims Andy has no money, and the texts seem to buttress this claim, but Andy is still producing razors. So Andy does have money, just not the full $10k. If I were Phil, I would seek damages in court. While it is unfortunate about Andy's wife, that does nothing to lessen the debt owed Phil. Moreover, Andy's wife absconded with the money many months prior to the payment being made from Phil to Andy.
Now, I own none of these razors, so I have no horse in this game. I will say that Phil has been astoundingly patient. If I were in his shoes, I would have taken Andy to court, garnished his wages, put liens on any property he owns, until I was paid back in full. The other offers that Andy made Phil aren't relevant, because that was not the deal agreed to when the purchase was made.
Regarding the intellectual property claim against Phil, I am not so sure. Phil has a different design. 17-4 is a common metal. Does Andy have a trademark/copywrite? These are all unknown. Regardless, how can Andy seek damages against Phil when Phil has not yet released his razor? And, how does Andy know the razor is identical?
Given the amount of copycating/re-releasing with marginal improvements that happens in this industry, I can't really see how Andy could quantify his damages, especially when any damages would be the result of failing to fulfill his obligation to Phil, or, alternately, repay the debt + interest. Andy could have fulfilled the contract, evidenced by the fact that he is still producing his own razors. At no point has Andy stopped pursuing money-making ventures. With Phil's money, apparently.
Not trying to throw gas on the fire, just summarizing as I see it. Please correct me if I am wrong anywhere. The bottom line seems to me to be Phil is still owed a significant amount of money. If I were Andy, I'd make completing my half of the deal my first priority. Only a matter of time until Phil goes legal.
