[Mac Donald]

Chucker -- I think fraud is not an inappropriate way to describe what he is doing. Agreed he did not intend at the outset to act this way, but let's look at what he's now doing. He wants use of the Powerbook he has sold for the next 10 days until the price on it drops. At the same time, he wants to hold the person he sold it to to the price it is today, but not give that person the benefit of the bargain -- that he be able to use it now. Further, he admits that he has lied to the buyer to accomplish his goal of retaining the powerbook. I too would have liked to sell my powerbook in December before the price presumably drops due to the intel switch. At the same time, I made a decision that I needed the Powerbook for this time so I would have to keep it and then sell it at a lower price when I buy a new intel machine -- or a better refurb'd G4 powerbook at the lower price.

This appears pretty open and shut to me.

UPDATE: I don't want to keep hitting the point, but in response to the above by mugge, regardless of whether it is "illegal", it is a clear and unambiguous breach of contract. A deal was made where money was to be exchanged for a product. Wonderboy is not keeping his end of the deal. The deal was not deliver the computer after Wonderboy could get a better deal on his end and still hold the buyer to the higher price.

As to fraud, fraud is a knowing misrepresentation -- or a knowing withholding of material information -- intended to make another person take action, or not take action, in reliance on that misrepresentation. Is there any question that Wonderboy made a misrepresentation -- that he CANNOT ship the PB? Further, he is clearly intending to get the buyer to rely on it, i.e. not to press for further delivery of the PB. Again, Wonderboy wants his cake and wants to eat it too.