Fulwell v. Brown
Michigan Supreme Court
Appeal from Wayne; Brooke, J. Bill by George Fulwell against John H. Brown for the reformation of a contract, and to enjoin the negotiating of certain promissory notes and from enforcing the terms of a chattel mortgage given to secure their payment. From a decree dismissing the bill, complainant appeals. On September 16, 1905, the defendant was engaged in the operation of the Hotel Normandie in the city of Detroit.
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Appeal from Wayne; Brooke, J. Bill by George Fulwell against John H. Brown for the reformation of a contract, and to enjoin the negotiating of certain promissory notes and from enforcing the terms of a chattel mortgage given to secure their payment. From a decree dismissing the bill, complainant appeals. On September 16, 1905, the defendant was engaged in the operation of the Hotel Normandie in the city of Detroit. His lease of the premises from the owner of them is dated April 30, 1904, and the term created by the lease expires May 1, 1914. He covenanted with the lessor to make necessary…
1Opinion of the CourtOstrander, J.
(after stating the facts). The modern general rule, in England and in the United States, is that a sale of personal chattels implies an affirmation by the vendor that the chattels are his, and he therefore warrants the title, unless it appears by the facts and circumstances of the sale that the vendor did not intend to assert ownership, but only to transfer such interest as he might have in the chattel sold. 2 Mechem on Sales, §§ *5561300-1309; Croly v. Pollard, 71 Mich. 612, 615. The first difficulty which counsel and the court encounter does not relate directly to the validity of the…
2Cases cited1 opinion
- Croly v. PollardMichigan Supreme Court · 1888