Arena Auto Auction v. Schmerler Ford, Inc.

Plaintiffs, auction houses engaged in the business of selling used automobiles, appeal from the trial court’s dismissal of their third amended complaint for failure to state a claim upon which relief can be granted. Defendants, who are automobile dealers in the Chicago area, have not filed an answering brief in this court.

The complaint in question alleged that on or about March 25, 1975, defendants sold a number of used automobiles to Robert L. Gilbert, d/b/a Gilbert Motor Company, an Alabama corporation. Gilbert obtained certificates of registration for these vehicles from the State of…