Hilliard v. Bank of America National Trust & Savings Ass'n

Appellant is a used car dealer, and on April 21, 1947, one Cassaro drove a 1941 Buick into his lot in Oakland and offered it for sale at $1,250. The car had no license plates, but a sticker on its windshield indicated that they had been applied for in Oklahoma. Cassaro informed appellant’s manager, Paul Murray, that respondent bank held a chattel mortgage on the car.

When Murray-telephoned to verify this, the bank’s representative stated that it was the legal owner of the car and that its claim amounted to $1,008.37. Murray, acting for appellant, agreed to pay Cassaro $1,250 for the car,…