Shattuck v. Green
Massachusetts Supreme Judicial Court
Two actions of contract. The first action, by Shattuck against Green, was on a promissory note dated December 5. 1866, for $300 payable on demand with interest, given by Green to Shattuck in part payment for an undivided half of the furniture, fixtures and stock in trade of an eating house in East Boston, called a dining saloon. The answer set up a failure of the consideration for the note.
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Two actions of contract. The first action, by Shattuck against Green, was on a promissory note dated December 5. 1866, for $300 payable on demand with interest, given by Green to Shattuck in part payment for an undivided half of the furniture, fixtures and stock in trade of an eating house in East Boston, called a dining saloon. The answer set up a failure of the consideration for the note. The second action, by Green against Shattuck, was for breach of Shattuck’s alleged warranty of title to the property sold, and o recover the amount paid by Green therefor. At the trial of both actions…
1Opinion of the CourtMorton, J.
It is a general rule of law in this country, that in a sale of chattels a warranty of title is implied, unless the circumstances are such as to give rise to a contrary presumption. 1 Smith Lead. Cas. (6th Am. ed.) 242. 1 Parsons on Contracts, (5th ed.) 576, and cases cited. If the vendor has either actual or constructive possession, and sells the chattels and not merely his interest in them, such sale is equivalent to an affirmation of title, and a warranty is implied. In Whitney v. Heywood, 6 Cush. 82, 86, Dewey, J., says, “ Possession here must be taken in its broadest sense,” and “ the…
2Cited by9 opinions
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- Stratton v. HillMassachusetts Supreme Judicial Court · 1883
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