Gessler v. Winton
Court of Appeals of Tennessee
1Opinion of the CourtFelts, J.
J. H. Gessler and 0. II. Riddle, partners, sued Hense Winton for breach of warranty of title to six mules bought by them from him at a public auction. His defense was that he made no warranty in fact and none could be implied in law because he sold the mules not as owner but merely as auctioneer for a disclosed third party. The trial judge, hearing the case without a jury, su;tained this defense and dismissed the suit. Plaintiffs appealed in error and insist that defendant bound himself personally upon an implied warranty because he sold the mules as the owner or at least as agent for an…
Also in this document: Concurrence.
2Cases cited18 opinions
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- Barry v. CoombeSupreme Court of the United States · 1828
- Drury v. YoungCourt of Appeals of Maryland · 1882
- Meyer v. . RedmondNew York Court of Appeals · 1912
- Deep River National Bank's Appeal From CommissionersSupreme Court of Connecticut · 1900
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3Cited by8 opinions
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- Pasley v. RoppMissouri Court of Appeals · 1960
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