They are going to be really good once they get some money from them southern boys, and steal all their recruits.

Honest question to Mizzou fans, do you have an invite if A&M doesn't leave the big 12?

Lets just say, you wanted to be the catalyst after hearing Texas flirt with the Pac and A&M was content following Texas, but they both decided to stay in the big 12, so no race to get to 16.

Honest question to Mizzou fans, do you have an invite if A&M doesn't leave the big 12?

Lets just say, you wanted to be the catalyst after hearing Texas flirt with the Pac and A&M was content following Texas, but they both decided to stay in the big 12, so no race to get to 16.

http://madeinhead.org/anism/wp-conte.../08/booyah.jpg

You want to place a wager on what the exit fees will be? I'll take under $10,000,000. You can have the over.

lol. I've been saying $6-$12 million since the beginning....you've been saying $3 million. ROFL

I see you've changed your opinion.

Not everyone has the unfortunate advantage you do - entering every thread at absolute zero.

The article posted earlier indicated that yes, Mizzou had discussions w/ Slive regarding admission to the SEC when it appeared that the XII was going to dissolve and A&M was going to the PAC.

So yeah, MU would've been attractive to the SEC even without A&M as this was the exact contingency that was initially discussed.

MU would probably not have been enough to get the SEC to expand to 13 without the PAC expanding, but ultimately I don't really care.

He has said it so many times in this thread, it is now validated as gospel.

So $9,000,000 is the middle of your range. I'll take the under.

Likewise.

Ok, then I'll take the Over $3,000,000. We both win! Yay for us!

With or without a 2012 exit?

I'm thinking $8 million if they start SEC play in 2012. Around $2 million if they start in 2013.

Exit fees aren't "paid", they are withheld from media payments.

MU attended these "hippy handholding" sessions and by all accounts made no stink or move then about the membership changing, so you don't have any basis for using that as an excuse.

At least I, when I originally commented $6-$12 million, was referring to an exit next year.

Except that there were no actual binding results from said sandbox sessions.

You're the one citing reaffirmations (a legal term of art, by the way) and/or written contracts/novations that simply do not exist.

They can show up to as many of those meetings as they want and sing kumbayah all day - it doesn't mean shit when they start talking exit fees.

so you've been held hostage like Elizabeth Smart for the last 2 years? got it.

ah, so only what's on paper counts?

Uh...yes, actually.

This is not a contract of indefinite duration (it would have had a sunset date) and it would have taken more than 1 year to complete (they're not going to sign a 1 year 'reaffirmation'). As such, it is subject to the Statute of Frauds and must be in writing to be enforceable.

And that's still if there were even legitimate contact terms discussed, not just 'agreements to agree' as has been universally reported.

There are some theoretical estoppel arguments that could be raised, but those wouldn't activate any liquidated damages provisions, would require actual damages, and would be virtually impossible to establish/prove up.

Sweetheart - you're out of your league here.

and what's on paper points to about $25 million in fees, right?

An oral contract is a contract the terms of which have been agreed by spoken communication, in contrast to a written contract, where the contract is a written document. There may be written, or other physical evidence, of an oral contract – for example where the parties write down what they have agreed – but the contract itself is not a written one





Is an Oral Contract as Good as a Written Contract?


An Oral Contract is as legally binding as a Written Contract, the issue with an Oral Contract is in proving its existence. To begin, the existence of a Written Contract is fairly obvious, either there is a writing or there isn’t. An oral contract, by definition, does not have a writing to support its terms, conditions or even existence. So how can we prove that it exists? One way is to use witness testimony. If A and B enter into an oral agreement, and C and D are present at the time the oral contract is made, C and D can be used to prove the existence of the oral contract. Their testimony that they heard the terms of the agreement will be sufficient to prove the existence of an Oral Contract.

Plow loves giving oral contracts.

This thread is about to be swept up by an AIDS Tsunami.

A&M President...

http://www.12thmanfoundation.com/mem...d-article.aspx

The early June meeting of the Big 12 board in Kansas City, (Big 12 commissioner Dan Beebe) had all the presidents, chancellors and all the athletic directors in one room. There were 24 of us there, plus Beebe and a few of his staff. Beebe polled the board and said he wanted us to declare whether we were committed to the Big 12 or not.

Three schools didn’t commit at that point, and the answer I gave was different from everyone else’s. I said that A&M was committed to the Big 12 as it is today. I chose those words very carefully. Since then, I have been accused of being a liar because I committed based on a 12-team conference as it was structured in June 2010. I said my words very carefully because I was not going to set myself into a situation where the conference was radically changed and we would be committed to being in a conference we didn’t really want to be a part of.

HIGH FIVE

You're girlfriend enjoys them.

No large entity will get nailed by an oral contract.

This has already been discussed. Several times, in fact. The contract is governed by by-laws which are poorly written and arguably unenforceable. If there is a legal challenge, there's a good chance that the liquidated damages provision doesn't stand up at all. I've already explained why, but as I've noted, I'm pretty sure some of you don't read any posts that you don't write.

Well shit, if Wikipedia says so....

(Yeah - that's not accurate. Not even a little bit)

Except your mom.

ZING

Wasn't Wikipedia. Some random blog. Boom!

Because virtually every contract a large entity enters into would be subject to the SOF (by the mere nature of the needs of a massive legal entity).

Additionally, as there was an existing contract in place (which was never put into Breach by MU or any other of the remaining members), you're really talking about a novation here, which would absolutely require a writing to be enforceable.

This argument is really really dumb. Then again, that appears to be the sole purview of Mikey at this point, so I shouldn't be too terribly surprised.

I am shamed.

I know about contracts, I do write contracts routinely. I am not a lawyer.

But you can't argue both ways, you either go for the strict interpretation or you go for the "intent". MU wants it both ways.

Are you trying to tell me that random blogs are not 100% accurate?

No. Its pretty clear you are completely unfamiliar with the bylaws.

Http://big12sports.com/fls/10410/pdf...ook/bylaws.pdf

Pay special attention to 1.2.2 and 3.3 before acknowledging that I'm correct.

For someone that knows all about contracts, you sure don't seem to know when/how they can be enforced. You should probably brush up on that before you write another one - it's kinda important.

MU can absolutely argue that it is governed by the letter of the contract it actually signed (i.e. its previous membership agreement and the by-laws it operated under at that time).

It can then argue that the ambiguity contained in said agreement makes it clear that they are subject to little to no exit fees. They can argue that the liquidated damages provision is punitive in nature and therefore unenforceable. They can argue all kinds of neat shit that would call the enforceability of the fees into question and greatly diminish the actual value of the cause of action.

Hence - they will settle at around $8 million because that's probably the 'true' value of the suit.

Again - I've already gone over this. Please try to pay attention with the rest of the class.

It's not outside the realm of possibility.

Damnit.....I need to tell my wife not to do that heart surgery.

I think I read somewhere that you're supposed to put the butter-knife between the 3rd and 4th ribs before twisting.

If that's not what your blog says, I probably wouldn't trust it.

I've been pretty consistent in predicting $3-6 million. If you think I've said otherwise, link it.

I've never said you thought anything other than $3 million, which I've said was way to low and that you'll end up in the $6-$12 million range.

I'll link you to the $3 million, you link me to where you said up to $6 million. I've missed it if you did.

KK saying the SEC is in trouble.

Which is stupid...

Nothing is wrong with the SEC....

I've not listened to one word he has said, but man, from what you guys type he sounds like he is just throwing shit at the wall and HOPING that something sticks.

And like I said - everytime KK says anything with regards to the SEC or Missouri, he exposes just how biased he is.

He's an absolute hatchet man on this thing.

He's just trying to position himself as the shining light for KU and K-State fans at this point. It can't be that he truly believes what he's saying here because it just doesn't make a damn bit of sense.

We were talking about KK and Petro on Powermizzou today, and KK made an appearance and posted in it. Didn't say anything noteworthy, but I thought it was kind of funny. Those local sports guys read all this shit.

He alienated Nebraska fans last year apparently and now from what I am reading he is doing the same to MU fans... doesn't seem like a great business stratedgy to me.

It comes from having too much contact with people from Mizzery.



Everyone knows that state is full of 2 things: Meth and Aids

How could the SEC possibly be in trouble? What factors did he cite in his ludicrous claim?

Jack Harry comes on in twenty minutes.

I hope he mentions how the SEC ratings are down and that there isn't the big TV contract coming like everyone thought...

No, he said "how do they know there will be an increase when the new television contract is negotiated?"

Y'know what, Kev? I'll take my chances.

His sole form of 'analysis' at this point is rampant, biased, speculation. He's a moron.

Your biggest population center is our suburb.

- People are getting too hot and moving back North

- SEC football is too fast and blurs TV screens which is hurting ratings

- NCAA could ban the SEC from competing in BCS games because it is unfair competition

- Mass poisoning of grits

Topeka is a mecca for the upper-crust; didn't you know that? Wichita is a thriving central hub of culture, class and sophistication.

No doubt. JoCo is where it's at. You want good schools, manicured neighborhoods and nice roads, you go live on the Kansas side. :D

Hilarious and absolutely true.

If Canada is America's hat, Kansas is Missouri's jock strap.

Beige homes and Panera breads as far as the eye can see...

Truly the American dream.

So you live in Missouri?

Wichita?

As far as raising a family goes, it pretty much is. The nice thing is that we can go to MO for entertainment without actually having to live there.

nobody answered my question.....what will Big 12 members do for walnut bowls when Mizzou leaves?

For some reason, I thought that Saul Good was an Overland Park resident. I must have been wrong.

Wichita is 2 1/2 times the population of KCK.

That's the last thing you fellas should concern yourself over.

Where the hell will you guys get truckstop porn?

(Though I'm not sure where the Mizzou folks will go to get blowjobs at strip clubs once Topeka is no longer relevant...)

Fantastic.

I'd still rather live in New Jersey.

They don't do that in the 11,829 porn shops on I-70 and I-44 in MO?

Really, seriously? I know you kid. You can't pump your own gas in NJ!

JoCo is hell on Earth.

Nope - those are do it yourself places. So I guess you must pump your own gas in Missouri...

No. I live in JoCo, but I don't pretend that its something that its not. Its a suburb of KCMO. If Missouri was some shithole, I wouldn't live in its shadow.

My wife and I were talking about those places on our last trip to St. Louis. With the advent of the internet, I can't help but wonder how these places stay in business? Are they really covers for some other kind of activity (massages with happy endings? strip shows? gay hookups?), or are they truly just porn shops? If it's the latter, I don't understand how they're actually proliferating in the days of free internet porn.

LOL

They survive because 90 percent of their business comes from truckers (ever noticed they're usually right on top of a rest stop?). I would imagine that as more truckers get mobile devices (phones, iPads, etc) capable of streaming free poon, those places will start to go out of business.

The I-70 and I-44 corridors through Missouri are the most traveled highways in the country as far as semi traffic.

we have internet porn in Kansas.

So are the truckers just stopping in to buy porn mags? Or are there other "services" and "goods" being offered?

You guys hooked to a different set of tubes over there?

All our internet has is football and televangelists. Ever try to jerk it to Joel Olsteen? It's not easy.

Weird.

Yep, the bigger the population the better.

This is obvious.

Missouri is too busy trying to become a vacation state while Kansas poaches all of its jobs.

You're really curious about this, eh?