Balte v. Bedemiller
Oregon Supreme Court
From Multnomah: E. D. Shattuck, Judge. Action by Joseph Balte against Thomas Bedemiller for breach of warranty of title to a mare, originally commenced in the Justice’s Court of Portland District, Multnomah County.
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From Multnomah: E. D. Shattuck, Judge. Action by Joseph Balte against Thomas Bedemiller for breach of warranty of title to a mare, originally commenced in the Justice’s Court of Portland District, Multnomah County. It is alleged, in substance, that about April 1, 1897, plaintiff purchased a sorrel mare of the defendant, upon his representation that he was.the owner thereof, paying him therefor the sum of $20 ; that about July 1, 1897, one Christian Hollsifer claimed said mare, and demanded the possession thereof from plaintiff, who notified defendant of said demand and requested him to repay…
1Opinion of the CourtJustice Moore
1. The complaint not having alleged that defendant was in the possession of the mare at the time of the purchase, it is maintained by defendant’s counsel that no facts are stated from which a warranty of title can be implied, and that the couit erred in overruling the demurrer. Plaintiff’s counsel insist, however, that, the complaint having alleged that defendant represented himself to be the owner of the property, his statement to that effect is a warranty of title, requiring him to make good his affirmation, and hence the complaint was sufficient in that respect. The rule is pretty well…
2Cases cited4 opinions
- Olds v. CaryOregon Supreme Court · 1886
- Parker v. BondMontana Supreme Court · 1883
- McCoy v. ArtcherNew York Supreme Court · 1848
- Byrnside v. BurdettWest Virginia Supreme Court · 1879
3Cited by10 opinions
- Bedard v. MartinColorado Court of Appeals · 2004
- Estep v. BaileyOregon Supreme Court · 1919
- Weaver v. First National Bank of LimonSupreme Court of Colorado · 1958
- Ellis v. AbbottOregon Supreme Court · 1914
- Park Circle Motor Co. v. WillisCourt of Appeals of Maryland · 2001
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