Hull v. Caldwell

Citations

• 3 S.D. 451
• 54 N.W. 100
• 1893 S.D. LEXIS 2

Syllabus

<p>1. O. contracted with. H. to deliver to Mm certain specific personal property at a future day, and at the time of mating such contract G. received and accepted from H., at an,agreed price, as part payment under the contract, other personal property, the title to which was absolutely transferred by JI. to O. Held that the transaction as to the property so transferred by H. to O. constituted an executed sale, and not a contract for a sale.</p> <p>2. Under the provisions of section 3645, Comp. Laws, a vendee on an executed' sale of personal property, in the absence of fraud, has no right to rescind such sale for a breach of the implied warranty of title.</p> <p>3. A vendee to whom personal property has been transferred'under an executed sale cannot maintain an action upon the implied warranty of title, nor interpose the breach of such implied warranty of title, as a defense to an action for the price, in the absence of fraudulent representations respecting the title, without showing actual ’damage resulting from such breach of warranty.</p> <p>(Syllabus by the Court.</p>