Originally posted by smasher
Now you're going on about Brenner initially signing the wrong date on the contract, which, besides that small mention of it in the link, doesn't seem to be an issue with that court. Whether the date was amended by Brenner & Ali, it doesn't say one way or the other...But the document you linked to does continue to speak of that contract as being completely viable, including all down the page.
I quote again;
"When Ali announced his retirement, it was clearly a Stated intention of his refusal to perform and was at least an anticipatory breach of the contract, and MSG would have the right to sue for that breach.
Since MSG did not bring an action at that time it is necessary for the Court to examine its conduct to determine if the contract was then mutually rescinded or abandoned."
The document briefly mentions the date error earlier, but to me those two quoted statements there clearly shows that the courts considered the agreement that Ali signed as still being completely legitimate & viable, as do other statements from that document (because they did so, should I take one of your views and make an assumption that the contract's date was corrected without knowing for sure?).
Ali's Dec 16th letter to MSG is funny, but only because he was very well aware that Norton/Bobick was already signed & agreed to take place (the whole boxing world knew on Dec 7th of that year, when the confirmed Norton/Bobick fight was announced in the papers) , which he just happened to be helping with promotion of said event...Should I make one of your guesstimations & assume Ali heard rumblings about him being a chicken**** or something in his ear or possibly the press, and in an attempt to maybe save face, he then issued the letter stating that he'd fight an already "busy" fighter?
To me, the whole issue of the date on the contract is irrelevant because, besides a small mention, the court obviously didn't give it much relevance by continueing to talk about it as a viable contract (again, we don't know if the contract's date was amended or not). The may Brennner & MSG handled the lawsuit also has little irrelevance to me, because it doesn't change the fact of how Ali himself acted...To me the whole bottom line is Ali signed an agreement with his intentions to face Bobick, and soon after & for whatever reason(s), ducked out of that agreement by announcing his retirement. Or as you own personal link states, which is also along the lines of what Brenner states in his book;
"When Ali announced his retirement, it was CLEARLY a Stated intention of his refusal to perform"
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