Lane v. Romer ex rel. Cunningham
Wisconsin Supreme Court
ERROR to the Circuit Court for Milwaukee County. This was an action brought by Homer, the plaintiff below, for the use of Ounrdngham, against Lane, the defendant below, upon a promissory note made by him, payable to Mrs. Homer, dated September 1, 1846, for $100, and not negotiable. The defendant pleaded the general issue, and gave a general notice of set-off.
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ERROR to the Circuit Court for Milwaukee County. This was an action brought by Homer, the plaintiff below, for the use of Ounrdngham, against Lane, the defendant below, upon a promissory note made by him, payable to Mrs. Homer, dated September 1, 1846, for $100, and not negotiable. The defendant pleaded the general issue, and gave a general notice of set-off. At the trial the note was read in evidence, and in defense the defendant, Lane, proved that on the day of the date of the note he purchased of Romer the cabinet furniture in his shop in the city of Milwaukee, and gave him therefor $100…
1Opinion of the Court
Hübbell, J.
A sale of chattels for a sound price carries with it an implied warranty of title in the vendor. This is old law. Chandelor v. Lopus, 2 Croke, 2; Seixas v. Woods, 2 Caines, 48. And to this extent the rule of caveat emptor does not apply in sales of personal property. The rule is different in respect to real property, where a warranty must be expressed or the courts hold that none was intended. Subject to this rule, Romer sold his stock in trade in the cabinet shop to Lane; and the first question is, whether the vendee is protected from the chattel mortgages upon the property,…
2Cases cited2 opinions
- Seixas v. WoodsNew York Supreme Court · 1804
- Wells v. PorterNew York Supreme Court · 1831
3Cited by1 opinion
- Edgerton v. MichelsWisconsin Supreme Court · 1886