Marlatt v. Clary & Latimer
Supreme Court of Arkansas
Appeal from Phillips Circuit Court. Hon. George W. Beazley, Circuit Judge. The authority of the pilot to sell is clearly disproved. As the agent of the owners for a special purpose, no such authority can be implied, unless it was necessary to the successful execution of his trust. Story on Agency, sec. 61, p. 74, (2d Ed.), and authorities cited; Livermore on Agency, vol. 1, p. 102. Marlatt was entitled to recover upon an implied warranty.
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Appeal from Phillips Circuit Court. Hon. George W. Beazley, Circuit Judge. The authority of the pilot to sell is clearly disproved. As the agent of the owners for a special purpose, no such authority can be implied, unless it was necessary to the successful execution of his trust. Story on Agency, sec. 61, p. 74, (2d Ed.), and authorities cited; Livermore on Agency, vol. 1, p. 102. Marlatt was entitled to recover upon an implied warranty. Story on Sales, sec. 367; 1 Parsons on Con. 456; 1 John. R. 274; 29 lb. 196, 3 Cow. 274; 1 Mete. R. 551; 15 Ark. 311. The record of recovery by Owen &…
1Opinion of the CourtChief Justice English
Assumpsit by James Marlatt against Clary & Latimer, late partners, etc., upon an implied warranty of title in the sale of ■two flat-boats laden with coal, etc.
The first count in the declaration alleges, in substance, that upon the representations of the defendants, that they had good title thereto, the plaintiff, on the 9th of July, 1850, purchased of them, at $700, two flat-boats loaded with stone-coal, their, cables, boards, etc. That the defendants’ representations as to their title were false; that they had no title to the boats, etc., but they were the property of Owen & Johnson, who…
2Cases cited6 opinions
- Booker's administrator v. Bell's executorsCourt of Appeals of Kentucky · 1813
- Boyd Ex. v. WhitfieldSupreme Court of Arkansas · 1858
- Paul v. WitmanSupreme Court of Pennsylvania · 1842
- Collingwood v. IrwinSupreme Court of Pennsylvania · 1834
- Hagerthy v. BradfordSupreme Court of Alabama · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Inhabitants of Westfield v. MayoMassachusetts Supreme Judicial Court · 1877
- Robert A. Reichard, Inc. v. Ezl. Dunwoody Co.District Court, E.D. Pennsylvania · 1942
- Talbot v. Mattox, Dawson & Posey Realty Co.Supreme Court of Oklahoma · 1910