Perkins v. Whelan
Massachusetts Supreme Judicial Court
Contract for breach of warranty in the sale of a horse. Writ dated May 8, 1873. The answer set up the statute of limitations.
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Contract for breach of warranty in the sale of a horse. Writ dated May 8, 1873. The answer set up the statute of limitations. Trial in the Superior Court, before Wilkinson, J., who, by consent of the parties, before verdict, reported the case for the consideration of this court in substance as follows : The following facts were admitted : The plaintiff bought the horse in question of John Whelan, the defendant’s husband, on January 27, 1865, and took a bill of sale of it at the time; John Whelan died August 30,1870; on December 29,1870, Elizabeth Whelan, a sister of John, brought an action of…
1Opinion of the CourtMorton, J.
The statute of limitations is a bar to this action. The plaintiff’s cause of action is founded upon the breach of the warranty of title implied in the sale of the horse by John Whelan to him. This breach occurred at the time of the sale, and the right to sue therefor then accrued. The case is analogous to an action for a breach of the covenants in a deed against incumbrances, where it is held that the covenant is broken as soon as the deed is delivered, and an action then accrues for such breach. Harrington v. Murphy, 109 Mass. 299, and cases cited.
We are not aware of any decision of the…
2Cases cited1 opinion
- Harrington v. MurphyMassachusetts Supreme Judicial Court · 1872
3Cited by9 opinions
- Rockwell v. YoungCourt of Appeals of Maryland · 1883
- Boston Tow Boat Co. v. Medford National BankMassachusetts Supreme Judicial Court · 1919
- Central Appalachian Co. v. BuchananCourt of Appeals for the Sixth Circuit · 1898
- Hodges v. . Wilkinson.Supreme Court of North Carolina · 1892
- Newburgh v. FLORSHEIM SHOE COMPANYDistrict Court, D. Massachusetts · 1961
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