[Mpls] The mayor and Basim
David Brauer
david at tcq.net
Tue Sep 14 08:27:25 CDT 2004
Ignoring Jim's needless provocations, in a last attempt to hone in on
the facts:
> Rather than just asking a question that rhetorically leads in
> a particular direction, one would expect David to obtain a copy of the
> Deed
> agreement and post it on the List.
Jim, you're the one who's made an issue of the deed; it's your fishing
mission. You claim to have read it. Why not post it yourself?
(It's an interesting tactic: saying "you must produce the evidence of a
document I read so I can prove the point I originally made.")
Jim doesn't substantively challenge my previous assertion: he cites
only a housing request being made "immediately" as "bad faith" that
would negate the contract. I still say that's a thin reed, unless there
are more substantive grounds I've missed.
> As for David's speculation about when something is signed and "speed"
> having
> any meaning, come on David you should know better than that. "Good
> Faith"
> is an essential part of contract law. Contracts are written
> representations
> of "Agreement". If one of the parties does not intend to abide by the
> terms
> of the agreement then you do not have "Agreement" and you have one
> party
> entering into an agreement in "Bad Faith". The timing consideration
> is very
> important as it demonstrates that intent. It was the clear intent of
> the
> City of Minneapolis to have the purchaser of the Elroy Block perform
> in in
> particular manner, otherwise the conditions would not be included in
> the
> document in such detail. The buyer signed that agreement and as part
> of the
> "Consideration" agreed to perform on those specific terms. Failing to
> perform on those conditions is as serious as not paying the money that
> was
> also stipulated as a condition of the sale.
Well, I think we're both speculating, but to hone in...
What's the nonperformance or bad faith here, other than your "speed"
reading? I don't understand how a request to add housing to a
light-industrial project constitutes bad faith or non-performance. Now,
if there was some date by which the light-industrial project must be
completed, that's different. But Jim's read the deed and hasn't cited
that. (Jim, you should post the deed to cite what you're referring to
<grin>.)
> Some may have contempt for that contract law that our country is
> founded
> upon, but I believe that our economic system depends on that "contract
> law"
> to function.
Precisely. That's why I believe that wishes (that Sabri would go away)
might not be allowed by the contract.
And for what I promise is the final time, if the agreement is LEGAL,
would you as a decision-maker support more housing and property taxes,
or not, and why? There is no right answer.
David Brauer
Kingfield
Back to work now
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