Huntingdon v. Hall
Supreme Judicial Court of Maine
On Report from Nisi Prius, Hathaway, J., presiding. Assumpsit. The declaration contained two counts. A small dwellinghouse stood upon the land of a third person. It was occupied by one Parody.
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On Report from Nisi Prius, Hathaway, J., presiding. Assumpsit. The declaration contained two counts. A small dwellinghouse stood upon the land of a third person. It was occupied by one Parody. The defendant sold it to the plaintiff, at the price of $50, and gave a bill of sale, describing it as “ the house now occupied by Parody, and acknowledging to have received pay by two notes, one of $20, and one of $30. The plaintiff now alleges, that the defendant had no ownership of the house, and the first count in this action is upon an implied warranty of title. The second count claims to recover…
1Opinion of the Court
Appleton, J. —
The plaintiff having purchased a house of the defendant on the land and in the occupation of a third *503person, claims to recover back the consideration paid, upon the ground of an implied warranty of title by the vendor in the sale of personal chattels. The contract between the parties shows that the one bought and the other sold the house as personal property, and it must be so considered in determining their rights.
There was no fraud, no express warranty, no delivery of the thing sold, and no assertion of title on the part of the vendor before or at the time of sale. The bill of…
2Cases cited1 opinion
- McCoy v. ArtcherNew York Supreme Court · 1848
3Cited by3 opinions
- Reynolds v. PalmerU.S. Circuit Court for the District of Western North Carolina · 1884
- MacDonald v. Mack Motor Truck Co.Supreme Judicial Court of Maine · 1928
- Cook v. PollardCourt of Appeals of Georgia · 1935