U-J Chevrolet Co., Inc. v. Marcus

Appellant appeals from judgment under an action for breach of warranty of title.

Marcus and Miller were in the landscaping business as M M Services. On January 26, 1981, they purchased a 1976 Chevrolet pickup truck, with dump bed, from U-J Chevrolet, Inc. for the sum of $2,300. They knew the salesman and he knew the business in which they were engaged. The truck was financed at a bank and one month later was refinanced along with a stump grinder. U-J Chevrolet, Inc. was unable to deliver title to the truck until December 1982. The truck came into possession of U-J Chevrolet by being abandoned…