Tracy v. Morell

948 N.E.2d 855 (2011)

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Nature of the Case

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Facts

Morell (D) sold Tracy (P) a used Ford New Holland tractor for $12,500. P signed a promissory note in which he agreed to pay D $500 down and $500 per month with no interest until the note was paid in full. P initially made monthly payments totaling $8,500 but stopped making payments in June 2003. In September 2003, the State charged D with four counts of receiving stolen property, namely, tractors and other farm equipment. P contacted the Orange County Sheriff's Department and asked that the Department investigate whether the tractor he had purchased from D was stolen property. P's tractor was inspected by police who found that its identification number had been altered. The police impounded P's tractor pending further investigation. D did not admit to the theft of P’s tractor, and police refused to take it apart to see the real Id number in the engine. The police and the prosecuting attorney abandoned the investigation. P filed a complaint against D alleging fraud. P sought treble damages and attorney's fees. D filed a counterclaim alleging that P had defaulted on the promissory note and seeking the unpaid balance of $4000, attorney's fees, and court costs. At trial, D testified that he did not know it was stolen or that the ID numbers had been ground off. The trial court then 'dismissed' Tracy's complaint with prejudice for 'failure to bear his burden of proof.' P appealed.