Welch Sand & Gravel, Inc. v. O & K Trojan, Inc.

Marianna Brown Bettman, Judge.

In December 1986, the owners of plaintiff-appellant Welch Sand & Gravel, Inc. (“Welch”) attended an auction to purchase a used Trojan 5500 front-end loader, manufactured by defendant-appellee O & K Trojan (“Trojan”). Prior to the auction, the auctioneer, Forke Brothers (“Forke”), sent an advertising circular to Welch. Forke’s ad listed defendant-appellee Brandéis Machinery and Supply Corp. (“Brandéis”) as consignee of certain equipment placed for sale at the auction, including the Trojan loader.

The ad listed the loader as a one-owner machine in very good…