Property Law Keyed to Cribbet
Sheridan Suzuki, Inc. v. Caruso Auto Sales
Bouton purchased a motorcycle from Plaintiff for a sum of $3,559.44, which was paid for with a check later dishonored. Bouton received a bill of sale and registration in his name. Also, a Certificate of Title was applied for from the state agency pursuant to the state requirements. The process of granting a Certificate of Title was later interrupted by Plaintiff upon discovery that Bouton’s check was bad. One day later Bouton endeavored to sell the motorcycle to Defendant. During this time Defendant called Plaintiff and was told of the circumstances of the prior day’s transaction, although at that time the Plaintiff was unaware that Bouton’s check was no good. Bouton was paid $2,000 for the motorcycle by Defendant and promised to deliver the Certificate of Title to Defendant when it was received from the state. Bouton left the area and when the check was found to be bad, Plaintiff sued for return of the motorcycle and prevailed in a preliminary order to have the motorcycle pla ced with Plaintiff until a determination of the rights of the parties could be made.
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