Two fans, two seats; Court fight is on for Cards opening day tickets

By Steve Korris | Dec 18, 2008

Two St. Louis Cardinal baseball fans who shared season tickets this year have started a court fight over seats for next year.

Patrick Berger of Alton sued Samm Tague of Missouri in Madison County circuit court on Dec. 17, seeking sole possession of two seats.

Michael Hertz of Lucco, Brown, Threlkeld and Dawson in Edwardsville filed Berger's suit after Tague threatened to sue Berger.

"Defendant's motivation in threatening legal action against plaintiff is defendant's desire to obtain plaintiff's 2009 opening day tickets and plaintiff's option to purchase tickets to the 2009 major league baseball All-Star game and related events," Hertz wrote.

Hertz attached a Dec. 9 letter from Tague's lawyer, John Counts of Sappington, Mo., giving Berger seven days to honor the same agreement as in previous seasons.

According to the letter, Tague sent Berger a $100 deposit on Oct. 9, and Berger sent it back on Dec. 1.

Last season, Berger kept opening day tickets and they split the other 80 games equally.

"In dispute is whether or not plaintiff has agreed to sell tickets to defendant in a similar fashion for the upcoming 2009 season," Hertz wrote.

Berger paid $2,430 for a pair of 2009 tickets, at $15 a game, he wrote.

"No agreement between the parties was reduced to writing," he wrote.

Under Illinois law, he wrote, a contract for the sale of goods worth more than $500 is not enforceable "unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker."

Missouri has adopted this provision, he wrote.

"Plaintiff has a tangible interest in keeping his 2009 season tickets and being allowed to use or sell these tickets at his discretion," he wrote.

"Plaintiff is inhibited from planning how to use his 2009 season tickets due to the current unsettled state of affairs," he wrote.

Berger sued for miscellaneous relief. Unelected associate judges hear "MR" cases.

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