Missouri Court of Appeals, Eastern District / Nov 21, 2023
Top Priority Transit, LLC, Appellant, vs. Cape Auto Pool, Inc., Respondent.
Top Priority Transit, LLC (Buyer) appealed the circuit court's summary judgment for Cape Auto Pool, Inc. (Dealer) on Buyer's claims of fraud, breach of warranty of title, and breach of contract regarding the purchase of a van with a prior salvage title. The appellate court reversed the summary judgment on the fraud claim, finding the circuit court improperly relied on a deposition excerpt outside the Rule 74.04(c) record and that a genuine issue of material fact existed regarding the Carfax report provided. However, the court affirmed the summary judgment on the breach of warranty of title and breach of contract claims, concluding that Dealer provided "good title" as defined by statute and performed the essential contract elements. The case was remanded for further proceedings.