Moore v. Pro Team Corvette Sales, Inc.

152 Ohio App.3d 71, 786 N.E.2d 903 (2002)

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Moore v. Pro Team Corvette Sales, Inc.

Ohio Court of Appeals
152 Ohio App.3d 71, 786 N.E.2d 903 (2002)

  • Written by Mary Pfotenhauer, JD
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Facts

Bryon Moore (plaintiff) bought a Corvette from Pro Team Corvette Sales, Inc. (Pro Team) (defendant). The sales contract provided that the Corvette was being sold as-is, and that all warranties under Uniform Commercial Code (UCC) § 2-312, including the warranty of title, were excluded. The Corvette had been reported stolen in Texas before being sold to Moore, and was later confiscated by the police. Moore sued Pro Team for failing to provide good title to the vehicle. The trial court dismissed Moore’s claims, finding that the language in the contract was sufficient to exclude the implied warranty of title under UCC § 2-312. Moore appealed.

Rule of Law

Issue

Holding and Reasoning (Walters, J.)

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