Question
Dorothy entered into an agreement with Ken to repair her grandfather clock for $200. As soon as Ken gained possession of the clock, he sold
Dorothy entered into an agreement with Ken to repair her grandfather clock for $200. As soon as Ken gained possession of the clock, he sold it to the General Repair Co for $200. The General Repair Co was in the business of repairing and selling clocks.
Four months later, Dorothy was in the General Repair Co and saw a clock on sales the same as the one she had turned over to Ken. The General Repair Co had replaced quite a few parts and had done extensive work on the exterior cabinet.
The General Repair Co said it purchased the clock in the normal course of business from Ken, who claimed the clock belonged to his late father. The fair market value of the clock in the original condition was $300, and the value of repairs made was $2,000.
Dorothy sued the General Repair Co for return of the clock. The General Repair Co defended that it had proper title to the clock and, in the alternative, that Dorothy must pay the value of the repairs and the amount the company paid for the clock if she is entitled to regain possession. Who will prevail? Why?
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