Rare Book Monthly

Articles - February - 2008 Issue

An Unhappy Story: a deal gone bad

A warped copy


To my way of thinking the seller is responsible for accurate description but, as this seller has made clear, I'm to do the work – apparently to try to convince him that I have a case for returning the book. I trusted the seller, paid promptly, and then, upon receipt, notified him of its defects.

I emailed a somewhat shortened version of this memo [subject to the maximum number of characters allowed] via eBay. Now he's deciding if my claim has merit. We'll see.

A few days later I received a grumpy message via eBay.

"You will get a refund 1) when the book is returned safely and 2) after I have determined you have not removed prints or otherwise damaged the book."

I immediately packed the book in a Priority Mail shipping box and mailed it with a proof of delivery receipt attached [link]. In the box, with the book, I included the following letter:
Dear Mr. --------,

With this letter is the copy of Ruttenber's 1875 History of the County of Orange I purchased from you on eBay January 3rd and paid via PayPal on the 7th. The amount paid was $77 including shipping. The cost to return it via the same method you employed, Priority Mail, is not yet known but can be established from the postage shown on the shipping box.

I note your gracious statement to me, received this morning, "You will get a refund 1) when the book is returned safely and 2) after I have determined you have not removed prints or otherwise damaged the book."

I have not removed anything and it is in the same condition found upon arrival. Your packing was close to non-existent but I think all faults existed before shipping and noticed no damage to the envelope you tucked it into with a single wrap of paper.

I was unwilling to bend the cover back as I know you too were. It's apparent from the lack of title page scan in your description. You could tell the pages would probably tear.

In the future, if you can't open a book you might think to make this fact public as its material.

Upon receipt, please conduct your due diligence and issue me a refund as promptly as I have acted with respect to you.

I am

Very truly yours,

Bruce McKinney

Rare Book Monthly

  • Fonsie Mealy’s
    Summer Rare Book
    & Collectors’ Sale
    July 30-31, 2024
    Fonsie Mealy’s, July 30-31: U.S. / European Shipping Archive 1800-1814. The Widow Bermingham & Sons Collection. €7,000 to €10,000.
    Fonsie Mealy’s, July 30-31: Bunreacht na hÉireann. Constitution of Ireland. An important copy of the First Printing of De Valera’s new Constitution, approved in 1938. Signed by the Constitution Cabinet. €7,000 to €9,000.
    Fonsie Mealy’s, July 30-31: A Rare Complete Run of the Cuala Press Broadsides. €7,000 to €9,000.
    Fonsie Mealy’s
    Summer Rare Book
    & Collectors’ Sale
    July 30-31, 2024
    Fonsie Mealy’s, July 30-31: Grose (Francis). The Antiquities of Ireland, 2vols. folio London (for S. Hooper) 1791. Magnificent Hand-Coloured Copy - Only 25 Copies. €3,000 to €5,000.
    Fonsie Mealy’s, July 30-31: Cantillon (Richard). Essai sur la Nature du Commerce en General, Traduit de l'Anglois, Sm. 8vo London (Fletcher Gyles) 1756. €3,000 to €4,000.
    Fonsie Mealy’s, July 30-31: Gregory, (Lady Augusta). Spreading the News: The Rising of the Moon: The Poorhouse (with Douglas Hyde). Being Vol. IX of the Abbey Theatre Series. €3,000 to €4,000.
    Fonsie Mealy’s
    Summer Rare Book
    & Collectors’ Sale
    July 30-31, 2024
    Fonsie Mealy’s, July 30-31: Lavery (Lady Hazel). A moving series of three A.L.S. and a Telegram to Gen. Eoin O'Duffy, July-August 1927, expressing her grief at the death of Kevin O'Higgins. €3,000 to €4,000.
    Fonsie Mealy’s, July 30-31: Dampier (Wm.) Nouveau Voyage Autour du Monde, ou l'on descrit en particulier l'Isthme de l'Amerique…, 2 vols. in one, Amsterdam, 1698. €800 to €1,200.
    Fonsie Mealy’s, July 30-31: Howell (James). Instructions for Forreine Travel Shewing by what Cours, and in what Compasse of Time…, London, 1642. €800 to €1,200.
    Fonsie Mealy’s
    Summer Rare Book
    & Collectors’ Sale
    July 30-31, 2024
    Fonsie Mealy’s, July 30-31: Rowling (J.K.) Harry Potter and the Philosopher's Stone, 8vo, L. (Bloomsbury) 1999, First Edn., First Printing of Deluxe Collectors Edn. Signed. €800 to €1,200.
    Fonsie Mealy’s, July 30-31: James (Wm.) A Full and Correct Account of the Military Occurrences of The Late War Between Great Britain and The United States of America. 2 vols. Lond. 1818. €650 to €900.
    Fonsie Mealy’s, July 30-31: The Laws of the United States, Published by Authority, 3 vols. Philadelphia (Richard Folwell) 1796. €600 to €800.

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