The Ethics of Gun Sales

[lugerholsterrepair]

Gentlemen...I would be carefull with the accusation of FRAUD. I ain't no lawyer like I said before but if you can't prove it you can get a reverse lawsuit for slander..defemation of character ad infinitum. I wouldn't stick my hand on that tarbaby.

I feel that in view of strong evidence of past damage to the yoke, the seller materially misrepresented the gun as 100% mechanically sound.

When the Gentleman sold it to you and made this statement ..it could have been actually and factually correct. At the time of sale it had NO mechanical difficulties.
Could be a previous owner had the difficulty and didn't disclose it to your seller. He sold it to you with no knowledge of a problem.
Have you asked Smith & Wesson if this pistol has ever been in their shop for work?
I'm pretty much an outsider with no dog in this fight but you haven't convinced me of anything except that you accepted a pistol with no apparent damage during the 3 day inspection. Since you inspected it in hand..how would the pictures he didn't provide come into it?

You say that... I realized that the bluing wear on the left hand side of the frame above the trigger was consistent with the cylinder having rubbed there while being rotated with the yoke fully swung out of the frame.

It could be argued that there was some other cause for bluing wear in this area. Mishandeling by the buyer over several months, or anything, a hundred surmises one could think up.

It could be argued that it would take a Smith & Wesson Factory Gunsmith or some other bonified registered gunsmith expert to make this same conclusion stick.

If I were a lawyer I would be poking holes in your analysis left and right. Then I would cost you at least 10 grand to defend yourself against the trouble you caused my client.

I can tell you this much..If I KNEW I could win a hundred K in a lawsuit and it would take 2 years to do it...I wouldn't. It's not worth 2 years of my life tied up with lawyers and courts for money.

Best to you Michael!

Jerry Burney