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Fitl v. Strek

Supreme Court of Nebraska
690 N.W.2d 605 (2005)


Facts

James Fitl (plaintiff) bought a baseball card from Mark Strek (defendant) for $17,750. Strek told Fitl that the card was in near mint condition. After purchase, Fitl immediately placed the card in a safety deposit box. Nearly two years later, Fitl had the card appraised. Multiple appraisers determined that the card had been altered and was worthless. Fitl immediately notified Strek of the defect. Fitl then sued Strek. The district court held that Fitl had notified Strek within a reasonable time after discovering the defect and entered judgment for Fitl for $17,750. Strek appealed, arguing that Fitl’s notification of the defect two years after purchase was not timely.

Rule of Law

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Issue

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Holding and Reasoning (Wright, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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