Reference no: EM131657917

Question: On May 8, 2000, Paul Sutton delivered his 1995 Harley Davidson Model FLF motorcycle to Super Bikes to allow it to display the motorcycle for sale. Sutton retained the keys and the certificate of title to the motorcycle, but the keys were not necessary to drive it. The written consignment agreement provided that Sutton would receive $18,000 on the sale of the motorcycle and that Super Bikes would retain everything over that; there also was a pencil notation of "low dollars 17,000." On August 17, 2000, Mike Snider paid Super Bikes $17,500, the price it asked for the vehicle, and took possession of the motorcycle. He was aware that Super Bikes held it on consignment but was not aware of the consignor or of any of the terms of the consignment. Snider testified that Super Bikes said it would deliver the title to him as soon as his check cleared. Super Bikes never paid Sutton for the motorcycle. Sutton discovered that Snider had the motorcycle and sent letters to both Snider and to the owners of Super Bikes demanding either the return of possession of the motorcycle or the payment of $17,500. Sutton then brought a lawsuit against Snider seeking return of the motorcycle. Snider asserted that he had obtained good title to the motorcycle as a buyer in the ordinary course of business from a dealer in goods of that kind. Did Snider get good title to the motorcycle as a buyer in the ordinary course of business?