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Hathaway 1
Shelby hathaway
Professor Huggins BUSN-0206
February 16, 2024
Business Law II- Case Brief National Music Museum Facts
-
Robert Johnson and Larry Moss had a 35-year friendship and a mutual interest in historical souvenirs.
- In 2007, Johnson got in touch with Moss to discuss buying three guitars that Elvis Presley had formerly possessed.
- On February 12, 2008, a deal was concluded wherein Moss committed to paying $120,000 for four guitars.
- The deal was split into two payments of $70,000 for the quick delivery of two guitars and the remaining $50,000 for the delivery of a third guitar, which included a Martin D-35.
- As agreed upon by Johnson and the museum, the Martin D-35 remained on display there until January 2009.
- Moss waited for a physical delivery by the end of 2008 and did not pick up the guitar.- Johnson and the National Music Museum reached an arrangement in 2013 that included the Martin D-35 donation.
- After learning of the donation, Moss filed a lawsuit claiming possession of the guitar, claiming that it had been passed to him in 2008.
Issue(s) Presented:
Hathaway 2
Did Larry Moss acquire ownership of the Martin D-35 guitar when he signed the 2008 deal with Robert Johnson?
Rules: -
Title passes to the buyer at the time and location where the seller completes performance with regard to the actual delivery of the items, unless otherwise expressly agreed, according to Tennessee law (Section 2-401(2)).
- Title transfers at the moment of contracting if the commodities have been identified and delivery is to be made without transferring them; no documentation of title are to be supplied (Section 2-401(3)(b)).
Analysis:
- According to the deal, $50,000 was to be paid "upon delivery" of the Martin D-35. Nothing
in the contract suggested that delivery could be completed without moving the guitar. Physical delivery was required. Moss promised Johnson that the guitar would remain on display, although the contract stated clearly that actual delivery was necessary.
- Under the provisions of the contract, Moss never obtained title to the Martin D-35 because Johnson never gave it to him in person. The district court's ruling that Johnson had ownership
of the Martin D-35 at the time of its transfer to the National Music Museum is upheld by the court. Because physical delivery was a condition of the contract, the U.S. Court of Appeals finds that Moss did not obtain title to the Martin D-35 guitar in 2008. Therefore, the Martin D-35 is considered to be legally owned by the National Music Museum, to whom Johnson subsequently donated the guitar.
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