University of Portland Baseball Card Business Law Discussion

In the Cards
Writing Assignment #5
Mr. Irmin owns a Baseball card store. “It happened on my second or third day in (baseball card)
business” said Irmen. I had about 20 people in the store and I needed help. I got the girl next door
(from a jewelry store) to help me.” One customer, a 12-year old boy named Brian wanted to look at a
Nolan Ryan card. The price of the card said $1200. Brian looked at it and said to the girl, “Is this worth
$12?” She said yes and Brian bought it for $12. Irmin said: “The clerk didn’t know if it was 12 cents,
$12 or $1,200. She just took the kid’s word for it.” The 1968 Nolan Ryan “rookie card” was actually
worth $800-$1200. Rookie cards are usually a player’s most expensive card.
Irmen said: “I didn’t discover Brian’s bargain until several days later when a couple of kids came in and
said ‘Got any more of the $12 Ryan rookie cards?` I said, ‘What are you talking about? The one I have is
$1,200.” I looked in the case where I put the card and it was gone.” Irmen posted a sign in his store
offering a $100 reward for the person who stole the card.”
The 12 year-old, Brian later said: “I didn’t steal the card or do anything wrong,…I just went in there to
see what they had. It was a card I was looking for. I knew the card was worth more than $12. I saw
prices for it of $150 and up. I just offered $12 for it and the lady sold it to me. People go into card
shops and try to bargain all the time.” Brian’s father contacted Irmen, telling him Brian didn’t steal but
bought the card. His dad explained: “Brian has a receipt, Brian’s name is on it, the specific card and the
price, $12.”
Irmen’s attorney, believes otherwise: “It’s strictly a contract law, If a bank sends you a check for $2,000
when it should have been $20, you can’t say it’s their mistake and keep it. The card is a $1,200 card. It
was marked that way. We think the boy knew it was worth $1,200. Sympathies are probably with the
kid, but we look at it as a matter of the law.”
Required: Who gets the valuable baseball card? Use legal contract rules to support your argument.
Remember that Brian is a minor, and the clerk made a mistake.