Mobile Auto Co. v. Sturges

Citations

• 107 Miss. 848
• 66 So. 205

Syllabus

<p>1. Sales. Remedies of buyer. Breach of warranty. Parties liable. Defenses.</p> <p>Where a purchaser bought an automobile from a nonresident, which was shipped consigned to the seller, and a bill of lading with draft on the purchaser for the purchase price was assigned to a bank, the purchaser was thereby compelled to pay the purchase price before getting possession of the car, and the fact that he did so, does not preclude him from thereafter bringing suit to recover for a breach of warranty. ' .</p> <p>2. Sales. Remedies of buyer. Breach of warranty.-</p> <p>Where a purchaser of a car is not required to pay the purchase price before delivery, he may in case of breach of warranty, either reject the car and enter suit' for damages, for breach of contract, or pay the price, take the car and recover the difference between its value in the condition received and the value of the- car required by the contract.</p> <p>’3. Sales. Warranties. Construction. Parties liable.</p> <p>Where a bank at different times took assignments of drafts with .- bills of lading attached for two different automobiles, sold to the . same buyer by the same seller, the bank was a co-warrantor in both transactions and the amount received by it upon the second draft could be attached by the purchaser in an action to- recover for breach of warranty in the sale of the first car.</p> <p>4. Sales. Remedies of buyer. Breach of warranty. Defenses.</p> <p>Where the buyer of an automobile, sold it after notifying the original seller of a breach of warranty, and took in part payment another car, this did not preclude his right to recover for the breach of warranty since the value of the car taken in payment could be determined, and the amount received by the original buyer for the defective car thereby ascertained.</p>