McDonnell Motor Hauling Co. v. Morgan Construction Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division ; Guy Fulk, Judge; In the sale of chattels warranty of title is implied. 79 Ark. 435; 24 Id. 223; 19 Id. 447; 24 Id. 222. If title fails, buyer may rescind the contract and demand return of money paid. 35 Ark. 483; 78 Id. 444; 22 Id. 522; 68 Id. 299. The machine was never of any benefit to appellant, but, on account of the fraud perpetrated upon him by appellee, he was out a large sum of money.
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Appeal from Pulaski Circuit Court, Second Division ; Guy Fulk, Judge; In the sale of chattels warranty of title is implied. 79 Ark. 435; 24 Id. 223; 19 Id. 447; 24 Id. 222. If title fails, buyer may rescind the contract and demand return of money paid. 35 Ark. 483; 78 Id. 444; 22 Id. 522; 68 Id. 299. The machine was never of any benefit to appellant, but, on account of the fraud perpetrated upon him by appellee, he was out a large sum of money. If appellee is permitted to keep this money, it amounts to allowing it to profit by its own fraud. 22 Ark. 521; 35 Id. 48524 Id. 222; 42 Id. 97; 48…
1Opinion of the CourtHumphreys, J.
Appellant instituted suit against appellees in the Pulaski Circuit Court to recover $1,000 paid upon the purchase price and $397.31 paid for freight and unloading upon a steam shovel purchased by appellant from appellees for failure of title. Appellees filed an answer denying the sale and breach thereof by failure of title, but alleged that the contract entered into between appellant and appellees was to sell the shovel in question for $13,000 in partial payments when the entire purchase money had been paid; that appellant had breached the contract by failure to pay the purchase price, to…
2Cases cited2 opinions
- Merritt v. RobinsonSupreme Court of Arkansas · 1880
- Strayhorn v. GilesSupreme Court of Arkansas · 1861
3Cited by2 opinions
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