2 total
Good faith purchaser acquired title to consigned vehicles from a rogue mercantile agent, but not stolen vehicles.
The plaintiffs, corporate vehicle dealerships, sued the defendants for conversion, fraud, and conspiracy after a rogue wholesaler fraudulently sold 23 of the plaintiffs' vehicles to the defendant dealership, Sami's Garage.
The vehicles were categorized as missing/stolen, consigned, and stop-payment vehicles.
The court found that the missing vehicles were stolen, meaning the rogue wholesaler could not pass good title, rendering Sami's Garage liable in conversion for those vehicles.
However, for the consigned and stop-payment vehicles, the court held that the rogue wholesaler acted as a mercantile agent with ostensible authority.
Because Sami's Garage purchased these vehicles in good faith and without notice of the defective title, it acquired good title under the Sale of Goods Act and the Factors Act.
The plaintiffs' claims regarding the consigned and stop-payment vehicles were dismissed against Sami's Garage, though the rogue wholesaler and his associate were held liable.
Motion to stay a partial summary judgment motion granted as it would not resolve the entire action.
The plaintiffs brought a motion to stay a summary judgment motion initiated by the defendants.
The trial was scheduled for May 2018, and the summary judgment motion was scheduled for March 2018.
The plaintiffs argued the motion required leave and was inappropriate.
The court found that leave was not required because the defendants had not consented to the action being placed on a trial list.
However, the court permanently stayed the summary judgment motion, finding that it would not resolve the entire action, would duplicate efforts, and could delay the scheduled trial.
