Jump to content
Washington Football Team Logo
Extremeskins

Iffy is suing Portis over the 40k for the jersey


Broohaha

Recommended Posts

Originally posted by f_dallas

He had a reputation of being a self centered, immature player in Denver.

They couldn't wait to get rid of him and I didn't hear a word from their locker room on how much he'll be missed...

It's pretty typical of Miami players, but this whole situation is just stupid.

Why on earth was Portis making 4 payments on this when one paycheck wipes out this debt 20 times over?

He had that reputation because he wanted more money, that was it. If you had two 1500 yards seasons, I think he would deserve more than 350K. I would be pissed too.

This guy is one of the nicest guy I've ever met.

Link to comment
Share on other sites

What's in a number?

Redskins RB Portis disputes that he owes money for his No. 26

http://sportsillustrated.cnn.com/2004/football/nfl/12/30/bc.fbn.redskins.jerseyc.ap/

ASHBURN, Va. (AP) -- Washington Redskins running back Clinton Portis is disputing a claim that he owes money to a former teammate in exchange for a jersey number.

Portis' agent, Drew Rosenhaus, responded Thursday to a breach of contract complaint filed by Arizona Cardinals and former Redskins safety Ifeanyi Ohalete. The complaint claims Portis owes $20,000 of $40,000 promised when Ohalete gave Portis the jersey No. 26 during a Redskins minicamp in June.

"We have a position on that that is different from theirs," Rosenhaus said.

Rosenhaus would not specify how Portis plans to contest the complaint, filed Wednesday in Maryland District Court in Upper Marlboro.

"We're not going to handle that publicly," Rosenhaus said.

Portis and Ohalete made the deal after months of negotiations following Portis' offseason trade from Denver to Washington. Portis wore No. 26 during his two seasons with the Broncos and wanted to wear it with the Redskins, but Ohalete already had the number from his three seasons with the team.

The two signed a contract June 4 stipulating that Portis would pay $40,000 for the number, according to Ohalete's attorney, John Steren. Steren said Portis paid $20,000 up front but did not make two subsequent payments of $10,000 due during the season.

"Clinton has been more than generous with Ifeanyi," Rosenhaus said.

Steren said Thursday that he had not been contacted by a representative for Portis and did not know how Portis would fight the complaint.

"We'll have to wait and see what he comes up with," Steren said. "It's a fairly clear-cut contract. It's clear-cut terms."

Ohalete switched to No. 30 after making the deal, but was cut by the Redskins during training camp in August. The Cardinals claimed him off waivers, and he has become their starting free safety.

Portis has not commented on the matter. Ohalete, through his agent, said the dispute was "about honesty and principle."

"I held up my end of our deal and gave him my number. All I am asking is that he does what he agreed to do, and hold up his end of the deal as well. I don't think that is asking too much," Ohalete said.

Copyright 2004 Associated Press. All rights reserved. This material may

Link to comment
Share on other sites

Contract law is very cut and dry. He signed a contract and therefore he has an obligation. It does not matter what events take place afterwards unless it is spelled out in the contract. Portis should pay the money he owes. I'm sure he wouldn't even notice its missing from the $17m signing bonus he received.

Contract Law is not in fact all that cut and dried. It can matter what events take place after the contract is formed. There is a contract defense called "frustration of purpose" in which someone who has entered into an otherwise legally binding contract can argue that the contract is not enforceable because the purpose for which it was entered into has been frustrated. I.e., Portis might be able to argue that his purpose in agreeing to pay Iffy to give up #26 was to allow Portis to take over a number that a teammate would otherwise wear (a purpose that has been frustrated by Iffy's unexpectedly being cut).

Hurdles that Portis would have to overcome would include a) extending the defense to a situation in which he no longer needs the contract to get what he wants, rather than a situation in which the contract will no longer get him what he wants, and B) Portis likely having to prove that he didn't bear the risk that Iffy would be cut (which actually did seem fairly unlikely, given that he was a starter with a low cap hit) -- or traded.

Portis might also be able to argue mutual mistake (i.e., both parties believed that Iffy would still be on the team during the regular season). Hurdles would be a) again, Portis would have to prove he didn't bear the risk that Iffy would no longer be on the team, and B) many courts would only permit a mistake defense for facts that existed at the time of contract formation.

Portis by no means has a clear winner, but there are a very interesting set of non-trivial arguments to be made.

If this goes to court, CP will end up paying more, because I am sure Iffy will ask for relief in lawyer fees and court costs.

It would be extremely unlikely that Iffy would be able to get attorney's fees, even if he won. That only happens in the U.S. in unusual situations, such as civil rights claims, or sometimes if attorney's fees are built into contracts by, e.g., lenders. Costs don't amount to much.

Link to comment
Share on other sites

Originally posted by Redskins4ever

This is petty and ignorant! This is the stupiest thing I've ever heard of. Clinton Portis would have had the number anyway since the safety didn't even make the team.

It's not petty at all. 40k is 40k and a contract is a contract. Iffy is owend the money if they made that deal. It's pretty clear. CP thinks he's superman again, I guess, and can pretend it didn't happen, and therefore doesn't owe. :doh:

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...