Peter Chronis v. Marc Evans (2010)

MEMORANDUM OF DECISION

Plaintiff, who resides in Ohio, purchased a 1961 Triumph 3 from C-Z Racing, Inc., d.b.a. New England Classic Cars, Co. Plaintiff claims that the defendant Marc Evans is the real party interest.   With the exception of the two checks made payable to Marc Evans, most of the testimony indicates that most of the negotiations and documents were in the name of the corporation.   The plaintiff was given an opportunity to name the corporation as a party defendant but failed to do so.

The plaintiff offered no expert to establish the nature and extent of the damages nor has he come close to piercing the corporate veil.

The plaintiff purchased the auto for $19,000.00 and there were negotiations for an additional $7,000.00 or so in improvements.   The plaintiff used an agent by the name of “Dave” to negotiate any improvements and the vehicle was eventually shipped to the plaintiff.

It should be noted that agreement of the parties was that the purchase was “as is.”  “Dave” at least tacitly agreed that the improvements were complete before the vehicle was shipped to Ohio.

After hearing all of the testimony as well as plaintiff's burden of proof the Court finds the issues in favor of the defendant.

Judgment shall enter in favor of the defendant.

OWENS, J.T.R.

Owens, Howard T., J.T.R.