Elvis Guitar Contract Case on Appeal to Eighth Circuit

Half a year ago, I blogged here about dispute about a contract for a guitar used by Elvis Presley during his final 1977 tour. The guitar is currently on display at the National Music Museum (“NMM”), which is affiliated with the University of South Dakota. The museum claims ownership to the guitar as the museum bought it under a valid contract with a Mr. Johnson. Mr. Johnson’s former friend and business partner, Mr. Moss of Tennessee, claims that he is the rightful contractual owner of the contract although he, Moss, never paid for or even possessed the $250,000 guitar. A trial court judge in South Dakota ruled that “[u]nder Tennessee and South Dakota law, title to goods does not pass until delivery is made. Here, Johnson never delivered the Martin D-35 guitar to Moss. Because Johnson never delivered the guitar to Moss, Moss never acquired title to the Martin D-35. The court finds NMM is the owner of the Martin D-35.”

In a somewhat erroneous reporting of the case, the USA Today reports that Mr. Moss has now appealed the case to the Eighth Circuit Court of Appeals. Stay, uhm, tuned for more news on this case.