First State Bank & Trust Co. of Shawnee v. Wholesale Enterprises, Inc.

MEMORANDUM OPINION

JONES, Judge:

We consider here whether a warranty of title implied by 12A O.S.1991 § 2-312 from the seller to the buyer of an automobile extends to the bank which financed buyer’s purchase. We hold it does not, and so reverse the trial court’s judgment in favor of the bank.

We recount first the somewhat tortuous history of the vehicle in question, a 1980 Chevrolet Corvette: Someone stole the Corvette in Texas from its original owner, Taylor, and later a title was issued there stating the ear was a reconditioned vehicle (i.e., one with parts from other vehicles). In 1988, a…