Court: Disputed model year may void van sale agreement
A trial court erred when it granted summary judgment in favor of the seller of a van who represented to the buyer the vehicle was a year newer than recorded on the title.
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A trial court erred when it granted summary judgment in favor of the seller of a van who represented to the buyer the vehicle was a year newer than recorded on the title.
Indiana Court of Appeals
John Barker and Specialty Limos, LLC v. Jason Price
24A02-1506-PL-626
Civil plenary. Reverses in part and affirms in part summary judgment in favor of Price in a contract dispute concerning the sale of a van. The trial court did not err when it concluded Price delivered a valid certificate of title even though the title was not in his name. Reverses summary judgment on the issue of whether a discrepancy in the model year of the van created a material issue. On remand, the court will consider not only the $2,000 deposit agreement but also extrinsic evidence to determine whether the model year of the van was material to their agreement.
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