Owner, the true owner of the lawn mower, which had been stolen from his yard, and reclaimed the mower. What recourse, if any, does Ben have?
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Salem Supply Co. sells new and used gardening equipment. Ben Buyer purchased a slightly used riding lawn mower for $1,500. The price was considerably less than that of comparable used mowers. The sale was clearly indicated to be “as is.” Two weeks after Ben purchased the mower, the police arrived at his house with Owen Owner, the true owner of the lawn mower, which had been stolen from his yard, and reclaimed the mower. What recourse, if any, does Ben have? |
Explanation
The equipment was stolen and that made its title void when with Company S, which led to no transfer of interest, even when Person B is a regular business purchaser in good faith from a merchant. The equipment was never handed over to Company S by the actual owner. The usage of the term "as is" waives off the warranty of merchantability but it does not nullify or invalidate the title warranty. This is due to the reason that nothing in the event of sale gives a hint to Person B about the credibility of the title of Company S.
Accordingly, Person B is going to be returned the amount of $1500, which Was spent on the purchase of such equipment.
Verified Answer
Based on the breach of the warranty of title, Person B can file a suit against Company S. The ownership right must be transferred without any lien to the purchaser.
