Question

Hughes purchased a new Lincoln Continental automobile from Al Greene Inc., an authorized new car dealership. On the day of the sale, Hughes made a cash down payment and signed a purchase contract and an application for the title certificate. The understanding was that Hughes would take immediate possession of the car and return in a few days for new-car preparation and the installation of a CB radio. On the way home from the dealer, Hughes wrecked the car. The certificate of title had not yet been issued by the state. The buyer, Hughes, claimed that title had not yet passed because the title certificate had not yet been issued. Who must bear the loss? [Hughes v. Al Greene, Inc., 418 N.E.2d 1355 (Ohio) ]

Answer 1

This is an old case that dates back to 1977, and it went all the way up to the Supreme Court of Ohio.

Hughes had already lost in the first trial and the Court of Appeals, and finally the Ohio's Supreme Court also ruled against her.

Basically, Hughes bears the risk of loss (and subsequent loss) because she had already signed a contract and had taken possession of the car, even though the title certificate had not been handed out. You must also remember that the loss was the result of a car accident suffered by Hughes, not because the car was defective in any way.