Koerper v. Jung

This was an action upon a warranty of title contained in a bill of sale of fixtures of a butcher shop or meat market. With the fixtures was transferred a lease of the premises. It is conceded that the fixtures did not belong to the vendor, plaintiff in error, but were part of the freehold.

He seeks to escape liability on the ground that before the execution of the bill of sale, he told the vendee, defendant in error, that the fixtures in question were not his. The warranty is not thus to be avoided by parol. Wadhams v. Innes, 4 Ill. App. 642; Wadhams v. Swan, 109 Ill. 46; Beach v. Miller, 51…