Colorado Supreme Court
143 P.3d 1037 (2006)
Kenneth West (plaintiff) sold his Corvette to Robert Wilson. Wilson paid West using a cashier’s check. Ten days later, when West found the check was fake, he could not locate Wilson or the Corvette. Two years later, West learned that the Corvette was in the possession of a subsequent purchaser, Tammy Roberts (defendant). West sued Roberts under Colorado’s stolen property statute, Colorado Revised Statue (CRS) § 18-4-405. Section 18-4-405 provides that the rightful owner of stolen property may recover the property from a subsequent purchaser. However, the trial court found that CRS § 18-4-405 did not apply. Instead, the trial court applied Uniform Commercial Code (UCC) § 2-403. UCC § 2-403 protects good faith purchasers against title claims from owners who were defrauded into selling their property. The trial court found that, under UCC § 2-403, Roberts was a good faith purchaser and could keep the Corvette. West appealed, and the court of appeals affirmed. West appealed to the Colorado Supreme Court. West did not dispute that Roberts was a good faith purchaser. Instead, West argued that the lower courts should have applied CRS § 18-4-405 instead of UCC § 2-403.
Rule of Law
Holding and Reasoning (Bender, 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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read 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. Read more about Quimbee.
Here's why 222,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 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.