Lindholm v. Brant
Connecticut Supreme Court
925 A.2d 1048 (2007)
Kerstin Lindholm (plaintiff) entrusted her Andy Warhol painting to Anders Malmberg, an art dealer who had a reputation for being honest, reliable, and trustworthy. At Lindholm’s direction, Malmberg loaned the painting to the Guggenheim Museum. The Guggenheim later released the painting to Malmberg to be transported to Denmark for display. The Guggenheim’s policy was to release a painting on loan only to the painting’s true owner. Malmberg then sold the painting to Peter Brant (defendant) without Lindholm’s knowledge or permission. Brant was worried that Lindholm might have had a claim on the painting or that Malmberg did not have good title to the painting. Brant hired counsel to conduct a lien search on the painting and to negotiate a formal contract warranting that Malmberg had good title to the painting. The lien search revealed no competing claims to the painting, and Brant purchased the painting. Lindholm sued Brant. The trial court found that Brant was a buyer in the ordinary course of business and therefore took all of Lindholm’s rights to the painting pursuant to Uniform Commercial Code (UCC) § 2-403(2). Lindholm appealed.
Rule of Law
Holding and Reasoning (Sullivan, J.)
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