Hartley v. Rotman
Massachusetts Supreme Judicial Court
Contract to recover damages for the alleged breach of an implied warranty of title in the sale of certain wool by the defendant, seeking under the first count to recover $199.35. as the value of 1643 pounds of wool, and under the second count to recover $579.81 as the value of 5271 pounds of wool.
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Contract to recover damages for the alleged breach of an implied warranty of title in the sale of certain wool by the defendant, seeking under the first count to recover $199.35. as the value of 1643 pounds of wool, and under the second count to recover $579.81 as the value of 5271 pounds of wool. Writ dated March 26, 1906. At the trial in the Superior Court before White, J., the plaintiff contended that both of these lots of wool, which he bought from the defendant, in fact belonged at the time of the sale to the Underwriters Salvage Company, a corporation, from which they had been taken…
1Opinion of the CourtBraley, J.
It is conceded that at the time the wool was sold and delivered nothing was said as to the defendant’s ownership. But by having possession, coupled with the act of sale, he represented himself to be the owner with the legal right of disposal, and this conduct was equivalent to an implied warranty of title in him. Stedman v. Lane, 19 Pick. 547, 551. Dorr v. Fisher, 1 Cush. 271, 273. Whitney v. Heywood, 6 Cush. 82, 86. Bennett v. Bartlett, 6 Cush. 225. Brown v. Pierce, 97 Mass. 46. Shattuck v. Green, 104 Mass. 42, 45. Stratton v. Hill, 134 Mass. 27, 29. Boston & Albany Railroad v. Richardson,…
2Cases cited5 opinions
- Boston & Albany Railroad v. RichardsonMassachusetts Supreme Judicial Court · 1883
- Perkins v. WhelanMassachusetts Supreme Judicial Court · 1875
- Shattuck v. GreenMassachusetts Supreme Judicial Court · 1870
- Brown v. PierceMassachusetts Supreme Judicial Court · 1867
- Stratton v. HillMassachusetts Supreme Judicial Court · 1883
3Cited by2 opinions
- Boston Tow Boat Co. v. Medford National BankMassachusetts Supreme Judicial Court · 1919
- West Springfield Trust Co. v. HinckleyMassachusetts Supreme Judicial Court · 1927