Brown v. Frye Motor Co.

Action of contract in which a purchaser of an automobile sues the seller on a warranty of the title to the car which, after the sale to the plaintiff, was claimed by a former owner named Snow who had previously sold it on a conditional sales agreement and had not been paid for it before the vendee in that sale sold it to the defendant. There was a finding for the plaintiff.

The defendant raises two contentions: first, that Snow’s title was defective on the authority of Lehan v. North Main, Street Garage, 312 Mass. 547, and, second, that the plaintiff had sued on an express warranty but had…