Ballard v. John Wetzel

1997 Tenn. App. LEXIS 699 (Oct. 16, 1997)

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Nature of the Case

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Facts

This was an action to recover a Corvette motor vehicle. P, the owner, was in an accident with the car. It was totaled. P’s son took the from the garage it was sitting in after the accident. D purchased the 'hull' from Lambert Auto Parts, whose regular business is selling parts. D received a receipt from Lambert's documenting the purchase of the parts from a George Martin. D took additional steps to ensure the parts were not stolen, by checking the VIN numbers through the County Clerk's Office. Prior to the purchase D went to P's home on one occasion to enquire about Corvette parts for sale. Both parties agreed that P told him she had no parts for sale. D's sales receipt from Lambert's Auto Parts shows that George Martin purchased the parts from Tyrone Ballard, P's son, and there is nothing in the record to put D on notice that Ps son did not have auto parts to sell. D did not obtain a certificate of title at the time of purchasing the parts. Tyrone Ballard had no authority to sell P's vehicle. D acquired the hull of a vehicle for $900.00 and spent approximately 5,000.00 restoring the vehicle, and invested approximately 100 hours of restoration labor. It now has a market value of $7,950.00. P sued D and the court held for D on accession. P appealed.