Dartmouth Motor Sales, Inc. v. Wilcox

The plaintiff, Dartmouth Motor Sales, Inc. (Dartmouth) brought an action for declaratory judgment, replevin, and injunction or rescission against Alan Wilcox, d/b/a T & T Auto Sales (Wilcox); Bruce Campbell, d/b/a Soupy’s Used Cars (Campbell); Cheryl Willis (Willis); and the New Hampshire Division of Motor Vehicles. The complex set of facts relevant to the disposition of this case involves the ownership of a 1983 Chevrolet Camaro.

On January 9, 1985, Dartmouth sold the Camaro to Wilcox, who represented himself to be a dealer doing business as T & T Auto Sales. Wilcox, however, was in fact not…