Johnson v. Blanks
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. I. If the warranty is broken as soon as made, as seems very clear, for there was nothing done or omitted to be done by the vendor which affected the contract in any way whatever, then the damages must be fixed at the time of the breach, and the vendee cannot, especially when he knows the whole history of the title, and knew of this adverse claim of title, be entitled to expenses incurred by him, by reason of his holding on to the…
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Appeal from St. Charles Circuit Court. I. If the warranty is broken as soon as made, as seems very clear, for there was nothing done or omitted to be done by the vendor which affected the contract in any way whatever, then the damages must be fixed at the time of the breach, and the vendee cannot, especially when he knows the whole history of the title, and knew of this adverse claim of title, be entitled to expenses incurred by him, by reason of his holding on to the property against the rights of the lawful owner. The expense thus incurred in raising the negro enures to the benefit of the…
1Opinion of the CourtDryden, Judge
This was an action by Johnson against Blanks, executor of Meyers, to recover damages for the breach of an express-warranty of title to an infant slave, which was sold by Meyers to Johnson in 1855, and was afterwards, in 1859, recovered from the latter in an action brought against him for the purpose by one Mary Lewis, who- claimed by title paramount to that of Meyers, of which action Blanks, the executor, had notice. The evidence tended to show that Mary Lewis acquired her title by moans of a deed of gift from said Meyers, her grandfather ; and that at the time of the plaintiff’s purchase he…
2Cases cited2 opinions
- Armstrong v. PercyNew York Supreme Court · 1830
- Rowland's Adm'rs v. SheltonSupreme Court of Alabama · 1854
3Cited by4 opinions
- Coleman v. ClarkMissouri Court of Appeals · 1899
- Roark v. PullamMissouri Court of Appeals · 1921
- State ex rel. Patterson v. TittmanMissouri Court of Appeals · 1893
- Shultis v. RiceMissouri Court of Appeals · 1905