Ranney v. Meisenheimer
Missouri Court of Appeals
Appeal from the Gape Girardeau Court of Common Pleas.—Hon. Alexander Ross, Judge. (1) Plaintiff’s first instruction rightly declares the law. Where a vendor, in possession of personal property, sells for full value, a warranty of title is implied.
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Appeal from the Gape Girardeau Court of Common Pleas.—Hon. Alexander Ross, Judge. (1) Plaintiff’s first instruction rightly declares the law. Where a vendor, in possession of personal property, sells for full value, a warranty of title is implied. (Robinson v. Bice, 20 Mo. 229; 2 Kent’s Commentaries [2 Ed.], 478), whether the vendor knows of any defect in his title or not, and whether he does or does not make a distinct affirmation of his title. 1 Parsons on Contracts [6 Ed.] *574, 575 and note e. ' And an incumbrance of a chattel mortgage is a breach of said implied warranty. Dryden v.…
1Opinion of the CourtRombauer, P. J.
—This case, although involving a comparatively small amount, raises a question of first impression. The question is this: Can an innocent vendor of a chattel, whose title is defective, recover damages for breach of implied warranty of title from his subvendee, from whom he rebuys the chattel; it being shown that such subvendor has bought the chattel without warranty of title, express or implied, and that the defect did exist continuously during the period covered by the successive sales.
The facts briefly stated are these. One Held, in 1887, owned some personal property, including a yoke of…
2Cases cited8 opinions
- Jennings v. SparkmanMissouri Court of Appeals · 1890
- Estes v. SpringerMissouri Court of Appeals · 1891
- Hensley v. BakerSupreme Court of Missouri · 1846
- State ex rel. Blake v. CabanneMissouri Court of Appeals · 1883
- Matheny v. MasonSupreme Court of Missouri · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Madouros v. Kansas City Coca Cola Bottling Co.Missouri Court of Appeals · 1936
- Black, Sivalls & Bryson, Inc. v. ShondellCourt of Appeals for the Eighth Circuit · 1949
- De Gouveia v. H. D. Lee Mercantile Co.Missouri Court of Appeals · 1936
- Barrett v. MagnerSupreme Court of Minnesota · 1908
- Fisher v. PorterSouth Dakota Supreme Court · 1898
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