Robinson V Durham

328 Words2 Pages
Robinson v Durham FACTS: Ronald and Wyman Robinson and Friendly Discount Auto Sales (appellants) appeal the granting of a summary judgment in favor of appellee Mike Durham. Facts are undisputed. The appellants purchased the Camaro in question from a female that shared the name on the tag receipts with the previous owner. In September 1986, Durham purchased the automobile from appellants and all documentation was given to him. Shortly thereafter, the car was seized by the FBI and returned o the original owner of the stolen car from Florida. Durham files suit alleging fraud, breach of contract, and breach of warranty. Trial court granted Durham’s motion because appellant misrepresented truth without fully knowingly the truth. Durham awarded $5,200 as refund payment for car. Appellants appeal. ISSUE: Was their evidence to support that the appellants held good title? (Or that the goods were stolen)? Can ownership rights be transferred without permission of the owner? DECISION: Affirmed in favor of appellee (Durham). Refund of purchase price affirmed. DISCUSSION: Appellants claim that there was evidence that they held good title or at leas voidable title and therefore had the right to sell. Court finds it unequivocal that a person who has goods of another cannot pass title whether such other knew or did not know that goods were stolen. It is undisputed that the automobile is stolen and title is void. Appellants couldn’t legally transfer title and therefore the subsequent sale is a breach of warranty of good title. The owner did not assent to the transfer of the automobile and therefore the appellants had no title. RULES OF LAW: A person who has goods of another cannot pass title whether such other knew or did not know that goods were stolen. A person with voidable title has power to transfer a good to a good faith purchaser for value. Voidable title can only

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