On March 5, 1980, P entered into a written agreement with Gragin, doing business as York Motor Mart (business) for the construction of Bradley automobile. P made two payments ($500 and $3,950) towards the final price of $8,020.00. During P's visits to the shop, he only dealt with D and not Gragin. In April, P was told to sign over ownership of his pick-up truck, which would be used as a consideration for the new car and the proceeds from sale would be used for completion of the Bradley. P was provided with a leased car and later with a demo Bradley car (which later turned out to be someone else's car). P never received the car he purchased. D claimed that his interest was that of a banker; he loaned Gragin $85,000 to finance the business. D acknowledged that Bradley kits were purchased with his personal checks and that he had also purchased equipment for York Motor Mart. He also stated that after Cragin disappeared sometime late in May 1980, he had physical control of the premises of York Motor Mart and that he continued to dispose of assets there even to the time of trial in 1983.

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