Quote:
Originally Posted by Dueller
WOW! This reminds of exam questions in law school. You have elements of contract law, recission, modification, specific perfomance, agency, bailment, yadadadada on up to UCC. WHEW! To fully answer it as an exam questioin would take several pages.
Starting with old case law brings up the 19th century case of Rose of Aberlone (Sherwood v. Walker). Farmer buys a cow thinking it is barren. Turns out the cow is carrying a calf. Famer gets a fertile cow when he thought he was buyin one that was barren. Was there a meeting of the minds? Seller wants to undo the deal...but I digress. And won't bore you with 4 centuries of case law. LOL
In a thumbnail you had offer, acceptance and consideration, peformance. Arms length transaction. Selling wheels is not in normal course of their business I suspect so UCC probably doesn't apply. But did he have authority to sell the 16 'wheels as agent for actual owner? Or was he only authorized to sell 15's? Gets kinda sticky factually. In any event the wheels were entrusted to shop guy by actual owner. In any type of bailment misdelivery makes him liable to actual owner. Especially in light of the fact you were a bona fide purchaser fo value without notice at the time of the transaction.
I'm getting a headache thinking about this.
Bottom line is you got a great deal on a set of wheels legally...probably.
From a moral point of view if the guy was gonna lose his job over this you might waanna returrn them so his kids wouldn't go hungry. But it sounds like he worked out his mistake with the shop owner and car owner. They'll probably make up the difference by giving the guy credit on his bill and jack up their invoice to cover it. lol
If one of them breaks when you're driving the car and you get hurt, you probably made the wrong decision.
Beginning to make my head hurt worse.
Since you got a $1250 set of wheels fo $250 and I've set your mind at ease, isn't my $500 fee ok for your peace of mind? Where do I send the bill? Lol
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Jim,
I have a quick question. Owner of a very expensive motorcycle consigned it with a dealer. They called me about the motorcycle, the day they got it and i agreed to the owners price. Deposit was made, financing secured, a binder from the insurance company was faxed to the dealer. I was scheduled to pick up the bike 2 days later. Next day, i receive a call from the dealer stating theowner thinks the bike sold to quickly and now wants to list it on ebay for 35K.......Do/Did i have any recourse....