Carousel Automobiles, Inc. v. Gherity

OPINION

NORTON, Judge.

Daniels filled out and signed a form in which he listed himself as owner of a vehicle, warranted proper title to the vehicle, and gave an accurate reading of the odometer. When the vehicle turned out to be stolen, the trial court held Daniels liable to the buyer due to the warranty of title he had made in the form. Daniels and Western Surety Co. argue on appeal that the form, an odometer disclosure form, did not create any warranty of title. We disagree and affirm.

FACTS

Appellant K.L. Daniels, a licensed used car dealer, negotiated the sale of a 1987 Cadillac to William…