[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document I read so I can prove the point I originally made.")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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