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Ace Auto Sales, Inc. sold Williams a secondhand car for $9,000. One day Williams parked the car in a shopping center parking lot. When Williams returned to the car, Montrose and several policemen were waiting. It turned out that the car had been stolen from Montrose who was rightfully claiming ownership. Subsequently, the car was returned by Williams to Montrose. Williams seeks recourse against Ace Auto Sales who had sold him the car with the disclaimer of "any and all warranties". Which of the following is correct? A. Since Ace Auto and Williams were both innocent of any wrongdoing in connection with the theft of the auto, the loss will rest upon the party ultimately in possession. B. Ace Auto will bear the loss since a warranty of title in Williams’ favor arose upon the sale of the auto. C. Had Williams litigated the question of Montrose’s ownership to the auto, he would have won since possession is nine-tenths of the law. D. Since Ace Auto Sales’ contract of sale disclaimed "any and all warranties" arising in connection with its sale to Williams, Williams must bear the loss. |