Latham Motors, Inc. v. Phillips

SILAK, Judge.

This case involves a dispute over the title to a car. The car’s certificate of title was issued in the name of “Phillips, Gaylord or Sherry.” Latham Motors, an automobile dealer, claims it should receive title to the car on the grounds that it purchased and took possession of the car pursuant to a contract it entered into with Sherry Phillips. The defendant, Gaylord Phillips, claims title to the car by virtue of the fact that Sherry Phillips sold the car without his consent and Latham Motors never received the car’s certificate of title, which remained at all times in Gaylord…