Business law-Joseph Drew

Joseph Drew, doing business as Sports Fanatic, 842 Colorado Blvd., Pasadena, CA, entered into a contract to sell a football to Robert Mortimer (1287 S. Los Robles Ave., Pasadena, CA). The written contract was executed on August 24, 2018. Mortimer had done business with Drew in the past. The transactions had involved Mortimer informing Drew of items he was interested in and Drew acquiring them for resale to Mortimer. The price for the football was $4,400, payable within 30 days of delivery. Drew obtained the football in September 2018 and made the ball and supporting documentation available to Mortimer for inspection on October 1, 2018.However, on October 19, 2018, Mortimer notified Drew that the football was not the original and refused to accept delivery or pay. Mortimer stated that Drew had not provided adequate proof of authenticity (provenance) for the football and, as a result, Mortimer could not determine that it was the original. The football that Mortimer wanted was from the 1989 Super Bowl.Along with the football, Drew had presented affidavits from the 49ers stating that this was the actual game-winning ball.Drew is willing to walk away from the deal as long as Mortimer reimburses his expenses of $567.Draft a release and settlement agreement for Drew to present to Mortimer. Use and modify, as required, the following form agreement.Date the execution agreement as November 26, 2018.

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