even though it took almost two hours, we sold them dang legos at the 11th street rummage sale. these were non-conforming legos, abnormally big legos in pastel colors. horrifically ugly. someone put them in ziploc freezer bags. there were four bags visible and we started at two bucks a bag, hence an asking price of eight dollars, cash.
my associate and i worked the rummagers individually and in groups. she, having the better business mind, determined our price exceeded value so we dropped the price to five bucks. it wreaked havoc on our margin but at least someone else would have to throw them away or give them away "used". sorta like hand-me-down underwear. uh, thanks grandma.
finally, we got a nibble, then a bite. my associate (Heather) set the hook and we reeled the rummager in at four bucks. it was then that a fifth bag was discovered. having a lawyerly bent, i asserted verbal rescission of contract based on mistake in fact regarding the essential terms.
it was no go. the rummager was prepared for the possibility of rescission and had prepared her argument in advance. she cited south dakota codified law regarding verbal "arrangements" with respect to yard/rummage sales, to wit: All Sales Are Final Regardless. No contractual obligations have been created by the offer or acceptance. South Dakota jungle-monkey-style law.
things were not going well with our venture so i faked left then darted right towards my truck to get my skinning knife and gun. unfortunately i didn't get very far before the rummager's accomplice got a foot in that sent me sprawling. you can still see the dent in the door of the neighbor's truck.
at this point i can only relate what i've been told. i lost consciousness for some time, maybe an hour or so. when i recovered, i guess i kept mumbling, "save the legos, save the legos'.
but heather had already sold all five bags for four bucks. killed our margin. our profit for the day was just about enough to buy a single peanut. if they were still sold individually.
10.17.2009
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