[NoSoup4U]

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gold is going to lose badly. the voice mail message alone contradicts most of his claims.

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Yeah. That is the part that just defies logic. If you decided to give someone half your money because you felt sorry for them as a gift and they were hounding you to promise them that you were going to stick to the free money plan, would you say "there is no possible way you aren't going to get your half" on a voice mail? That's absurd. You'd say "You ungrateful SOB, stop calling me or I won't give you a dime."

The voice mail is much more consistent with Leyser's story. However, the Bodog contract doesn't support Leyser at all. It is just calls for Gold to wear the gear and show up at a few press deals. It doesn't say anything about getting celebrities.

The question of what Bodog required Gold to do (if they had some demands that weren't in the written contract) is going to be a big deal to prove in discovery. If Gold didn't *have* to provide celebs, Leyser's case is much weaker.

It does seem clear that Gold promised to pay half and then backed out. He basically admits that. He just says that he didn't decide not to pay until after he was sued. So the key legal issue will be was the promise to pay half an oral contract in exchange for celebs or was it a promise to make a gift? A promise to make a gift isn't worth crap.