Legal Opinion
Mattek v. Malofsky
Wisconsin Supreme Court
Decided March 7, 1969No. 79PublishedCited by 10 opinions
1Opinion of the CourtHallows, C. J.
Two issues are presented on this appeal: (1) Whether the provisions of sec. 402.403, Stats., 1 are applicable to sales between merchants; and (2) whether an automobile dealer who buys a used car from another automobile dealer, who has lawful possession of the car, without obtaining or inquiring about the certificate of title to the used car is a “buyer in ordinary course of business” within the meaning of sec. 402.403.
We think the provisions of sec. 402.403, Stats., are applicable to sales between merchants. We come to this conclusion because the purpose of sec. 402.403 (2) and (3) is to…
2Cases cited5 opinions
- Atlas Auto Rental Corp. v. WeisbergCivil Court of the City of New York · 1967
- McWhorter v. Employers Mutual Casualty Co.Wisconsin Supreme Court · 1965
- Udovc v. RossWisconsin Supreme Court · 1954
- Commercial Credit Corp. v. SchneiderWisconsin Supreme Court · 1953
- HUDIBURG CHEVROLET, INC. v. PonceWisconsin Supreme Court · 1962
3Cited by10 opinions
- Keybank National Ass'n v. MascarenasColorado Court of Appeals · 2000
- Touch of Class Leasing v. Mercedes-Benz Credit of Canada, Inc.New Jersey Superior Court Appellate Division · 1991
- Brasher's Cascade Auto Auction v. Valley Auto Sales & LeasingCalifornia Court of Appeal · 2004
- Rudiger Charolais Ranches, a Canadian Corporation v. Van De Graaf Ranches, a Washington CorporationCourt of Appeals for the Ninth Circuit · 1993
- Tumber, Ind. v. Automation Design & Mfg. Corp.New Jersey Superior Court Appellate Division · 1974
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