Shiplet v. Copeland

Larry and Judith Copeland (defendants) owned and operated C & C Car Sales. Bob Lees (defendant) owned and operated Auto Body Plus. Larry and Lees agreed that C & C Car Sales would move into Auto Body Plus’s physical location and that Lees would act as a representative of C & C Car Sales for the purpose of inspection and be listed as an owner on their dealer-license application. Lees was given C & C Car Sales business cards listing him as owner, among other things, which intertwined Lees with C & C Car Sales. Billy Shiplet (plaintiff) purchased two vehicles from Lees and Lees’s son. The first vehicle, a Pontiac, was never received because repairs were not made. The second vehicle, a Volkswagen, was received, but Lees never delivered the title to the vehicle. Shiplet drove the Volkswagen with a C & C Car Sales dealer tag. The car had multiple mechanical problems, which caused Shiplet to return the car to Lees and demand a refund. Shiplet filed suit, alleging that the Copelands as C & C Car Sales and Lees as Auto Body Plus both violated the Missouri Merchandizing Practices Act for selling Shiplet the two vehicles under false pretenses regarding the condition and title status of the vehicles. The trial court found in favor of Shiplet and held that the Copelands were liable to Shiplet for the sale of the Volkswagen. The Copelands appealed to the Missouri Court of Appeals.