Booth v. Scheer

Citations

• 105 Kan. 643
• 185 P. 898
• 8 A.L.R. 663
• 1919 Kan. LEXIS 147

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Warranty — Sale of Stallion — Sale by Vendee to Third. Party with Similar Warranty — No Privity of Contract between Original Vendor and Third Party — Warranty is Personal. Ordinarily there is no privity of contract between the original vendor of personal property and third persons who may purchase or acquire the property from the original vendee; and the original vendor’s warranty is a personal obligation between him and his own vendee, and it does not run with the property like covenants concerning real estate.</p> <p>2. Same — Original Vendor Not Bound to Defend Action on his Vendee’s Warranty to Third Party. The defendant traded a stallion to plaintiff and warranted the animal to be sound. The plaintiff, relying upon defendant’s representations and warranty, traded the stallion to a third person, giving his subvendee the same sort of warranty as he had received from defendant. The third party sued the plaintiff for breach of warranty. Plaintiff notified defendant of the suit and requested him to take charge of the defense. Defendant declined. Plaintiff was subjected to a judgment, and in this action seeks recoupment against the defendant. Held, that the defendant was not bound to defend in the action of the third party against the plaintiff, nor is he concluded by its result; his warranty to plaintiff was personal; and he may defend against an alleged breach of his warranty without regard to the consequences which flowed from the suit of the third party on a similar alleged breach of warranty made by plaintiff to his subvendee.</p>