Ward v. Brown

2003 WL 220598 (2003)

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Ward v. Brown

Ohio Court of Appeals
2003 WL 220598 (2003)

Facts

Carl Brown (defendant) sold an all-terrain vehicle (ATV) to Jonathan R. Ward (plaintiff). But although Brown delivered the ATV to Ward, Brown never gave Ward the vehicle’s title. Brown was not a merchant when he sold the ATV to Ward, and Brown never utilized any third-party carrier to deliver the ATV to Ward. About three weeks after Brown delivered the ATV to Ward, the ATV was stolen from Ward’s driveway. Ward brought suit against Brown seeking recovery of the ATV’s purchase price, arguing that the risk of loss never transferred to Ward due to Brown’s failure to transfer title to Ward. The trial court entered judgment in favor of Ward, and Brown appealed to the Ohio Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Kline, J.)

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