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Charles Evans BMW, Inc. v. Williams

Court of Appeals of Georgia
395 S.E.2d 650 (1990)


Facts

Williams (defendant) agreed to sell his car to Hodge. Williams accepted a cashier’s check from Hodge as payment. Williams signed the title and delivered the car and title to Hodge, with no indication on the title that Hodge was the purchaser. While pretending to be Williams, Hodge sold the car to Charles Evans BMW, Inc. (Evans BMW) (plaintiff) and accepted a check that named Williams as the payee. Hodge later cashed the check using Williams’s driver’s-license number. Evans BMW then resold the car to another party. After the car was resold, Williams realized that the cashier’s check he had accepted from Hodge was a forgery. Once the car was located by the local police, Evans BMW was required to refund the purchase price and return the car to Williams. Evans BMW retained the certificate of title and initiated action against Williams. Evans BMW claimed that it had the right to possess the car because Evans BMW was a good-faith purchaser for value when it bought the car from Hodge. The trial court granted summary judgment in favor of Williams. Evans BMW appealed.

Rule of Law

Issue

Holding and Reasoning (Carley, C.J.)

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