On Sunday’s Clearing the Bases episode I discussed the raging “should shipping and fees be included in the comp?” debate. Everyone seems to have an opinion. A viewer who is an attorney emailed me with what may be the reason shipping isn’t included. I’ll paste the email in full here:
Shipping costs are not purchase costs and the reason is legal.
There are only three types of damages in contract claims. Expectation, restitution, or reimbursement. You get one only.
Most people think that all contract disputes should get an expectation damage award. The classic example is, I buy a $4 card from you. I sell it for $12. But then you failed to deliver the card. I am out $8 in expected damage damages. Shipping and handling was not the expected value. I’m still eating that cost as part of the underlying transaction. So people think that it it’s going to be added to the comps, are mistaken. If any of these became disputes a court for claims of failing to receive the contracted card.
But let’s say I find that $4 card from someone else. And now I’m out only the shipping and handling and not the $4 card.
Then I can sue for reimbursement. And in this case, the seller will the lesson because he has to to now pay out the return shipping and handling, regardless of his actual cost so if he undercuts the card and frontload the shipping and fails to deliver, he takes the risk on having to pay out shipping that was supposed to be his profit.
Or worse, he goes out and he buys a four dollar card from the same marketplace with a higher shipping and handling. The courts are likely to allow him to sue for the reimbursement of that higher shipping and handling, even if the other seller would’ve been able to do it for less.
And last is restitution this is the class give me my money back and refund.
So some might be trying to figure out games on how to play with market numbers and still create profit as a shipping center. They’re going to find that the courts and the marketplace are not going to look at it and market the same. The cards are assets and shipping and handling is operations.
I don’t know how sound this is, so I present it to you. Are you an attorney? Does this make sense, legally?
Sponsorship opportunities
If you or your company are interested in sponsoring my newsletter, please reach out by replying to this email or emailing me at [email protected].
New Auction Houses! (Not sponsored)
You probably already know Ryan Nolan of Breakout Cards. He’s one of the most knowledgeable people about non-sports cards. He and his partner Rahul — who I met at the National — are starting their own auction house focused on non-sports and unusual sports items. It’s called Global Card Auctions and their first auction starts this week. Some pretty awesome stuff in there!
Justin Hirsch’s Rabbithole Auctions has another auction that started Sunday evening. The 1956 Topps vending machine is particularly cool.
eBay Snipe Bidding
A viewer sent me this and I laughed:
It turns out, though, that Gixen will continue to accommodate proxy snipe bidding after the changes take effect on eBay.
The Rarity of the Most Common Card Ever
This reel on the 1989 Upper Deck Ken Griffey Jr. SGC Pristine 10 was really good:
Don’t Do This
🗣️ YouTube Comment Of The Week
🎬 Channel Highlights From the Past Week
My highlight was actually off my channel, when I “sat in” as a co-host on Sports Cards Live. Great time with those guys.
🎁 My Pickup Of The Week
I recently lamented that Annika Sorenstam had never returned my rookie card of her when I sent it to her TTM for an autograph. So I went and checked eBay and there was one there for a shockingly cheap price:
👻 Brief Horror Movie Reviews of the Week
I saw Other Mommy in the theater Saturday. Entertaining throughout, but stupid and pointless with a bad ending.
2.5/5 stars
I also watched all eight episodes of Carrie and was blown away. I think I was on a newsletter break when I watched the movie over the summer, so I’ll share my thoughts here before I get to the show:
The movie was one of the worst movies I’ve ever seen. I was actually mad at how bad it was. I think I gave it 0.5 stars because you can’t give 0. So I was hesitant to watch the show, but ended up absolutely loving it. It fixed everything that was wrong with the movie, and added so much.
I will say that it did not feel like horror at any point. But the casting, stories, and pacing were all superb.
5/5 stars
And I watched Black Christmas, one of the OG slashers. It’s more than half a century old! I thought the story and pacing were really good.
4/5 stars
🗓️ This Week In Sports & Pop Culture History
🏆 Sports
October 12, 1979 — Larry Bird and Magic Johnson Make Their NBA Debuts
The two future legends debut on the same night, beginning a rivalry that would transform professional basketball.
October 13, 1960 — Bill Mazeroski Wins the World Series With a Walk-Off Home Run
Mazeroski's Game 7 home run gives Pittsburgh a dramatic 10–9 victory over the Yankees.
October 15, 1988 — Kirk Gibson Hits His Legendary World Series Home Run
Injured and barely able to walk, Gibson delivers a pinch-hit, walk-off homer against Dennis Eckersley.
October 16, 1968 — The Olympic Black Power Salute
Tommie Smith and John Carlos raise their gloved fists on the medal podium in one of sports history's most iconic protests.
October 17, 2004 — The Red Sox Begin Their Historic Comeback
Dave Roberts' ninth-inning stolen base helps Boston avoid elimination against the Yankees and begin its comeback from a 3–0 series deficit.
🎬 Pop Culture
October 11, 1975 — Saturday Night Live Premieres
George Carlin hosts the debut of the NBC sketch comedy series that would become a television institution.
October 14, 1926 — Winnie-the-Pooh Is Published
A. A. Milne introduces readers to one of children's literature's most beloved characters.
October 14, 1994 — Pulp Fiction Arrives in Theaters
Quentin Tarantino's groundbreaking film helps redefine independent American cinema.
October 15, 1951 — I Love Lucy Premieres
Lucille Ball and Desi Arnaz launch one of the most influential sitcoms in television history.
October 17, 1963 — The Beatles Record "I Want to Hold Your Hand"
The band records the song that would become its first American No. 1 hit and help ignite Beatlemania in the United States.
