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Contracts Keyed to Templin
Bull Motor Company v. Murphy
Citation:270 S.W.3d 350
In December, a thief stole a 2005 truck from Plaintiff. The truck was recovered by the police ninety minutes later and had been driven forty miles. The truck was returned to Plaintiff’s lot. In January, Defendant purchased the truck as “new” for $33,495. Defendant filed suit alleging that Plaintiff breached the sales contract by not disclosing the prior theft of the truck. Plaintiff denied these allegations and asserted that Defendant had not suffered any damages because he did indeed receive a “new” vehicle as one whose title has not been transferred to an ultimate purchaser.
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