Tracy v. Morell
Court of Appeals of Indiana
948 N.E.2d 855 (2011)
In 2002, Tracy (plaintiff) agreed to purchase a tractor from Morell (defendant) for $12,500. Tracy signed a promissory note and was to pay the purchase price in monthly installments. Tracy stopped making payments in June 2003, at which point Tracy had paid $8,500 under the note. In September 2003, Morell was charged with receiving stolen tractors and other farm equipment. Morell pled guilty to those charges. Tracy learned of the charges and requested that law enforcement authorities investigate his tractor to determine whether it had been stolen. The police found that the identification number on the tractor had been ground out, filled with putty, and then painted. However, the authorities were unable to conclusively determine if the tractor had been stolen. Tracy later brought suit against Morell for fraud, claiming that Morell knowingly misrepresented that he owned the tractor at the time of sale. Morell filed a counterclaim seeking the $4,000 still due under the promissory note. At trial, Morell testified that he was unaware that the identification number on the tractor had been altered. The trial court found that Morell lacked the necessary state of mind for Tracy to prevail on the misrepresentation claim. The trial court also held that the promissory note was enforceable and that Tracy was required to pay Morell the $4,000 balance.
Rule of Law
Holding and Reasoning (Najam, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 724,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 724,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.