A Contract Dispute
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The paper provides the facts of a case where a dealer in farm machinery pretended to repair a tractor while actually selling it to an auction house. The paper addresses the issues of good title, a pre-auction title and state laws and refers to UCC 2-403(2) to determine that a buyer who purchases something in good faith from one who is a merchant in that type of good, obtains all of the rights that the merchant has to convey in a sale. The paper concludes that the auction house does not need to return the tractor to the original owner, however, the owner can seek restitution from the dealer who deceived him.
From the Paper:"At a farm auction, Moore and Lewis bid against each other on a tractor, and Moore bought it for $66,500. At a second auction the same day, Moore bought some equipment that he wanted to add to his tractor. At this auction he again encountered Lewis, and the two agreed that Lewis would install the new equipment. With Moore's consent, Lewis took the tractor to his place of business to work on it. Weeks later, Moore came to the shop and paid $10,000 for Lewis to do the work they had agreed on. Lewis in fact was a dealer in farm machinery. He regularly bought such equipment at auctions, then repaired and sold it. Moore testified, though, that Lewis's shop appeared to him to be a repair shop rather than a heavy equipment sales shop. Reliable Auction had done business with Lewis on a regular basis. Lewis executed a standard pre-auction document declaring that he owned the tractor. Their home state did not require a bill of sale or other ownership papers for the tractor. Reliable then bought the tractor from Lewis for $54,000. When Moore learned of this, he demanded the tractor back, but Reliable refused."
Sample of Sources Used:
- American Law Institute. " 2-403. Power to Transfer; Good Faith Purchase of Goods; "Entrusting."" U.C.C.: Uniform Commercial Code, N.p. 2005. Web. 14 Oct. 2010.
- American Law Institute. " 2-103. Definitions and Index of Definitions." U.C.C.: Uniform Commercial Code, N.p. 2005. Web. 14 Oct. 2010.
Cite this Case Study:
A Contract Dispute (2013, April 30) Retrieved November 29, 2020, from https://www.academon.com/case-study/a-contract-dispute-152884/
"A Contract Dispute" 30 April 2013. Web. 29 November. 2020. <https://www.academon.com/case-study/a-contract-dispute-152884/>