Dale, You bought a chevy for $10,000 and so did I, but when I unpacked it I had a Porsche. I then drove by your place and told you. It later came out that due to a chevy shortage thousands of Porsches were sold as chevies. No this is an absurdity in reality, but the analog is valid.
Bill,
OK so you drive over to my house, when you get to the gate you call my house. My maid answers and replies Mr. Dale is currently busy buying INTC stock, could you come back tomorrow?
You go home and see a Ferrari in your neighbor's driveway. You question him, and he replies: yeah I bought a Chevy for $10,000 and they sent me a 456 GT Ferrari.
Now Bill, do you feel you've been defrauded? After all, you only got a Porsche for $10,000.
Damages, damages, damages. Without damages the case is not actionable. Sorry Bill.
Dale |