Gross v. Kierski

Citations

• 41 Cal. 111

Syllabus

<p>Express \Warranty op Title to Chattels.—There is no breach of an express warranty of title to chattels sold until the vendee’s possession is disturbed by the true owner.</p> <p>.Implied \Warranty op Title to Chattels.—When goods are in possession of the vendor, who, dealing with them as owner, sells and delivers them to the purchaser, nothing being said as to the title, the law implies that he warrants the title to the property sold. „</p> <p>Limitation ov Actions.—The Statute of Limitations, upon an implied warranty of title to chattels sold by one in possession, does not commence running until the vendee is disturbed in his possession by the true owner.</p>