America's Shrine to Music v. Johnson

WOLLMAN, Circuit Judge.

The subject matter of this lawsuit is a Martin D-35 guitar that Elvis Presley played during his final tour in 1977. He dropped the guitar during a show in St. Petersburg, Florida, and gave the damaged guitar to an audience member. Robert Johnson, a blues guitarist and memorabilia broker, purchased the guitar in 2007. He delivered the Martin D-35 guitar to the National Music Museum: America's Shrine to Music (the Museum) in Vermillion, South Dakota, in February 2013, pursuant to a sales-donation agreement between Johnson and the Museum. Several months later, Larry Moss…