Metalworking Machinery Co., Inc. v. Fabco, Inc.
Ohio Court of Appeals
477 N.E.2d 634, 17 Ohio App. 3d 91 (1984)
- Written by Jose Espejo , JD
Facts
On August 10, 1979, Metalworking Machinery Company (Metalworking) (plaintiff) purchased a wheelabrator from East Coast Steel Company of Columbia, South Carolina (East Coast) for a purchase price of $15,000. Metalworking left the wheelabrator in East Coast’s possession. On April 4, 1980, Yoder Machinery Company (Yoder) (defendant) purchased the same wheelabrator from East Coast and sold it to Fabco, Incorporated (defendant) for $31,500. Metalworking had left the wheelabrator in East Coast’s possession between August 10, 1979, and the purchase of the wheelabrator by Yoder. Metalworking filed suit against Yoder and Fabco for the purchase price of $15,000. Fabco sued Yoder, claiming that Yoder knew or should have known that it did not have legal title to the wheelabrator to sell it to Fabco. The trial court entered summary judgment in favor of Metalworking against Fabco and in favor of Fabco against Yoder. Yoder appealed, arguing that Metalworking should be estopped from asserting ownership of the wheelabrator because Metalworking created an appearance of authority in East Coast to sell the wheelabrator by leaving it in East Coast’s possession for some eight months.
Rule of Law
Issue
Holding and Reasoning (Cole, J.)
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