Charles Evans BMW, Inc. v. Williams

Carley, Chief Judge.

The relevant facts in this trover action are as follows: Appellee defendant agreed to sell his car to an individual named Hodge and he accepted a cashier’s check from Hodge as payment. With no indication on the certificate of title that Hodge was the purchaser, appellee signed the title in his capacity as seller and then delivered that document and the car to Hodge. The next day, Hodge, representing himself to be appellee, offered to sell the automobile to appellant-plaintiff. When a price was agreed upon, Hodge presented to appellant the certificate of title bearing…