If you read the fine print on the Seller's TOC regarding a "dropped sale" the only reason that such a situation is permitted is because the seller "cannot" furnish the tickets.

In my reasoning, being unwilling (i.e. "will not") to fulfill a transaction is entirely different than being unable to fulfill a transaction (i.e. "can not") and I'd hope that pounding StubHub and the seller would be a really easy avenue for a skilled lawyer. If this has happened before, and for large sums of money, I'd be curious if there's enough people interested to make it a class action.

Remember, if you can buy through the venue, buy through the venue.