Sherman v. Roger Kresge, Inc.

Plaintiff is a dealer in new and used cars. On or about June 10, 1971 he was approached by one Robert Miller, a used car dealer, who purchased from the plaintiff a 1965 and 1969 Volkswagen automobile at wholesale for $1,625. Although the plaintiff turned over said vehicles to Miller, he indicated to him that Miller was not to dispose of the vehicles in the meantime and that he would not give him the MV-50 title forms until such time as Miller’s check cleared the bank. Plaintiff’s fears were justified since there were insufficient funds in Miller’s account to pay the check.

Shortly after taking…