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Business Organizations Keyed to Cox
Lupien v. Malsbenden
Citation:
477 A.2d 746 (1984)Facts
On March 5, 1980, plaintiff entered into a written agreement with Stephen Cragin, doing business in the town as York Motor Mart for the construction of Bradley automobile. Plaintiff made a deposit of $500 towards the purchase price of $8,020. Both the purchase order and a later bill of sale, though signed by Cragin, identified the seller as York Motor Mart. After he signed the contract, plaintiff made visits to York Motor Mart on an average of once or twice a week to check on the progress being made on his car. During those visits, plaintiff generally dealt with Malsbenden. When it was discovered that the demo model of the Bradley belonged to a third person who had entrusted it to York Motor Mart for resale, Malsbenden purchased the vehicle for plaintiff’s use.
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