Renner Elevator Co. v. Schuer

I respectfully dissent from the majority decision.

Paragraph (5) of the contract provides: The owner hereby covenants with the Purchaser that he is the lawful owner of said commodities and that the same are free from all liens except none and that he has good right to sell the same as aforesaid, and that he will warrant and *208defend the same against the lawful claims and demands of all persons.

A fair reading of paragraph (5) would lead one to understand that the contract is for the sale of commodities then in the possession of the seller. Certainly, paragraph (5) qualifies any indication in…