Kahr v. Markland

PRESIDING JUSTICE McCULLOUGH

delivered the opinion of

the court:

This appeal concerns a replevin order entered against defendant Karon Markland (Markland), directing the return of sterling silver owned by the plaintiffs and sold to Markland by Land of Lincoln Goodwill Industries, Inc. (Goodwill). Markland and Goodwill contend the trial court erred in characterizing the silver as lost property when the evidence established that Toby Kahr entrusted the silver to Goodwill pursuant to section 2 — 403(3) of the Uniform Commercial Code-Sales (UCC) (Ill. Rev. Stat. 1987, ch. 26, par. 2-403(3)).…