Park Circle Motor Co. v. Willis, No. 8
| Court | Court of Appeals of Maryland |
| Writing for the Court | Before MARKELL; DELAPLAINE |
| Citation | 92 A.2d 757,201 Md. 104 |
| Decision Date | 05 December 1952 |
| Docket Number | No. 8 |
| Parties | PARK CIRCLE MOTOR CO. v. WILLIS. |
Page 104
v.
WILLIS.
Reargument Denied Feb. 12, 1953.
Page 106
[92 A.2d 758] Robert F. Skutch, Jr., and Jack H. Merriman, Baltimore (Leonard Weinberg and Weinberg & Green, Baltimore, on the brief), for appellant.
Norman P. Ramsey, Baltimore (Harold Tschudi, Rignal W. Baldwin and Semmes, Bowen & Semmes, Baltimore, on the brief), for appellee.
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Before MARKELL, C. J., and DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ.
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DELAPLAINE, Judge.
This suit was brought in the Superior Court of Baltimore City by George C. Willis against Park Circle Motor Company for breach of warranty of title to a Cadillac sedan sold by defendant to plaintiff and subsequently found to be stolen property.
Defendant, who had purchased the automobile from a licensed used car dealer in New York City, sold it to plaintiff on July 25, 1950, for $3,195. On March 8, 1951, agents of the Federal Bureau of Investigation and city police discovered that the car had been stolen in Elizabeth, New Jersey, from Milton Serota, and thereupon seized it for the true owner, Firemen's Fund Insurance Company, to whom Serota had assigned the title on July 18, 1950. Two days after the law enforcement officers seized the car from plaintiff, defendant tendered it back to plaintiff, as the insurance company had assigned the title to defendant. Plaintiff, however, refused to accept it and brought suit to recover $3,195, the purchase price, plus $63.90, the Maryland title tax, and $24.25, the cost of the title and the license tags, and in addition $122.64, the amount he spent for repairs to the car.
Defendant claimed the right to deduct the value of plaintiff's use of the automobile. The Court, rejecting that claim, rendered judgment in favor of plaintiff for $3,283.15, which was the price of the car plus the tax and the cost of the title and tags Defendant appealed from that judgment.
The Uniform Sales Act, adopted by the Maryland Legislature in 1910, provides that where there is a
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breach of warranty by the seller, the buyer may, at his election, refuse to accept the goods, if the property therein has not passed, and maintain an action against the seller for damages for the breach of warranty; or rescind the contract to sell or the sale and refuse to receive the goods; or, if the goods have already been received, return them or offer to return them to the seller and recover the price, or any part thereof, which has been paid. Laws 1910, ch....To continue reading
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State of Maryland v. Capital Airlines, Inc., Civ. A. No. 11385
...at 933 (1910). See also, Md.Code Annot., Art. 50, § 21; 12 M.L.E. Indemnity § 6; and Park Circle Motor Co. v. Willis, 201 Md. 104, at 113, 92 A.2d 757, 94 A.2d 443 The issue of contribution depends upon the joint tort-feasors' liability to a third party. In order for Capital Airlines to be ......
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Sanborn v. Wagner, Civ. No. 21040.
...Art. 50, § 21; State of Maryland v. Capital Airlines, Inc., 267 F.Supp. 298 (D.Md. 1967); Park Circle Motor Co. v. Willis, 201 Md. 104, 92 A.2d 757, 94 A.2d 443 (1953). Therefore, in the event that Plaintiff is ever caused to incur loss, cost, damage or expense as a result of a judicial dec......
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Metalcraft, Inc. v. Pratt, No. 129
...case out of the basic rule of § 7-214(2), apply the value of the patterns at date of sale. It relies on Park Circle Motor Co. v. Willis, 201 Md. 104, 92 A.2d 757 (1952), a case decided under the Uniform Sales Act. Park Circle does hold that the measure of damages is the value of the propert......
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State of Maryland v. Capital Airlines, Inc., Civ. A. No. 11385
...at 933 (1910). See also, Md.Code Annot., Art. 50, § 21; 12 M.L.E. Indemnity § 6; and Park Circle Motor Co. v. Willis, 201 Md. 104, at 113, 92 A.2d 757, 94 A.2d 443 The issue of contribution depends upon the joint tort-feasors' liability to a third party. In order for Capital Airlines to be ......
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Sanborn v. Wagner, Civ. No. 21040.
...Art. 50, § 21; State of Maryland v. Capital Airlines, Inc., 267 F.Supp. 298 (D.Md. 1967); Park Circle Motor Co. v. Willis, 201 Md. 104, 92 A.2d 757, 94 A.2d 443 (1953). Therefore, in the event that Plaintiff is ever caused to incur loss, cost, damage or expense as a result of a judicial dec......
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Metalcraft, Inc. v. Pratt, No. 129
...case out of the basic rule of § 7-214(2), apply the value of the patterns at date of sale. It relies on Park Circle Motor Co. v. Willis, 201 Md. 104, 92 A.2d 757 (1952), a case decided under the Uniform Sales Act. Park Circle does hold that the measure of damages is the value of the propert......