OK funseekers... read the following... (I have left the senders name out, cuz I wanted to)...
Pete: Melba Dew, bless her heart, is still alive, in her late 80's and is
still mentally acute. She resides in Mesa, Arizona. The Busby saga is typical
of his dealings. He purports to have purchased from Danny Dew the chucks for
producing the Paul Fox Cups as well as the right to produce them. The
documentation for this transaction is woefully lacking, inasmuch as Danny and
Jeff Busby had several transactions over the years and Danny, as was his
wont, trusted Jeff. There is documentation, in the form of Danny's
contemporaneous business entries, of the receipt of monies from Jeff by
Danny. Danny allocated the receipts in accordance with his (Danny's)
understanding of to what transaction the money received should be allocated.
By those calculations, Jeff never fully paid for the chucks and production
rights (falling about $1500 short). Jeff claims that Danny should have
allocated more of the money paid to the Fox matters. Many years ago (perhaps
20), when I had law offices in both Phoenix and San Francisco and Jeff was
residing in the Bay Area, I tried to get Danny to let me sue Jeff, free of
any legal fees, for the $1500 or return of the chucks and rights. Danny
declined. As you undoubtedly know, Danny was the kindest of spirits and the
gentlest and most honest of men. He needed the money, but was not willing to
become involved in a lawsuit, even if it cost him nothing.
Thus, to attempt to prove that Jeff did, or did not, have the rights to
produce the cups, becomes a legal question with conflicting evidence. Melba
becomes very upset whenever the matter surfaces (yours is one of a half-dozen
similar enquiries I have received over the past few years). She has asked
that she be kept free of any matters relating to the Busby transaction.
Indeed, it could endanger her health.
Jeff has a history of threatening litigation over anyone who produces or even
attempts to sell a cup similar to the Paul Fox cup. Word on the street has it
that he has failed to follow through on any of these threats. (However, rumor
has it that Jeff has just settled for a purported $65,000 a suit against his
landlord for a leaky roof which allowed water to damage, among other things,
he alleges, the chucks for the Paul Fox cups). I have no hard proof of either
of these latter pieces of information.
My guess would be that a strong letter from your attorney would make Jeff go
away, but he may now be emboldened by his settlement with his landlord and
more prone to actual litigation than he has previously been. With Jeff, one
I wish you luck in your struggles with one of the most difficult and
unreasonable men in the world of magic.
Discuss your favorite close-up tricks and methods.
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