Brown v. Pierce
Massachusetts Supreme Judicial Court
Contract for breach of warranty of title to twenty-nine cords and seventy-five feet of wood, sold to the plaintiffs by the defendant, to which one Horace Thompson claimed title by force of a prior transaction between himself and the defendant.
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Contract for breach of warranty of title to twenty-nine cords and seventy-five feet of wood, sold to the plaintiffs by the defendant, to which one Horace Thompson claimed title by force of a prior transaction between himself and the defendant. At the trial in the superior court, it appeared in evidence that the defendant owned a lot of woodland in the town of Windsor and in September 1864 made a contract in writing with Thompson by which he “let” to Thompson “ all hard and soft wood,” with certain exceptions, on said wood-lot, and Thompson agreed to cut the wood “ for the sum of eight hundred…
1Opinion of the CourtBigelow, C. J.
There can be no doubt of the rule of law that a mere contract to sell personal property, without any delivery either actual or symbolical, does not pass the title as against third persons, although it may have that effect as against the vendor. As between two bona fide purchasers of the same chattels, he who first obtains delivery and possession of them has the better title against the other, notwithstanding the contract of sale of the latter with the vendor may have been prior in point of time to that of the former. This principle was recognized and adopted by this court on full…
2Cited by7 opinions
- Burbank v. FarnhamMassachusetts Supreme Judicial Court · 1915
- Bridgham v. HindsSupreme Judicial Court of Maine · 1921
- Disbrow v. SecorSupreme Court of Connecticut · 1889
- Hartley v. RotmanMassachusetts Supreme Judicial Court · 1909
- Plymoucth Stove Foundry Co. v. FeeMassachusetts Supreme Judicial Court · 1902
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