Business Law 13th Edition by Frank Cross, Kenneth Clarkson, Roger LeRoy Miller

Exercise 11

Delivery without Movement of the Goods. Aleris International, Inc., signed a contract to buy a John Deere loader from Holt Equipment Co. The agreement provided that "despite physical delivery of the equipment, title shall remain in the seller until" Aleris paid the full price. The next month, Aleris filed for bankruptcy. Holt filed a claim with the court to repossess the loader. Holt asserted that it was the owner. Who is entitled to the loader, and why? [In re Aleris International, Ltd., __ Bankr. __ (D.Del. 2011)] (See page 403.)