Pezel

This is an action to recover damages for the breach of a warranty of title in the sale of an automobile by defendant to plaintiff. Judgment passed for plaintiff and defendant appeals.

Defendant sold the automobile to plaintiff on February 1, 1919. The complaint alleges, and the answer admits, that by the contract of sale the defendant warranted that he had a good and unencumbered title. On March 1, 1919, plaintiff sold the machine to one E. S. Faxon, and warranted his title thereto to be good and unencumbered. On September 19, 1919, Faxon brought an action against the plaintiff here to. recover damages for an alleged breach of the latter’s warranty of title. In his complaint in that action Faxon alleged: “That defendant O. L. Pezel [the plaintiff here] had, in fact, no title in or to or right to sell said Ford automobile, but the same belonged to the Aetna Insurance Company, who thereafter, on the 9th day of August, 1919, demanded possession of the same from plaintiff [E. S. Faxon], and that by reason thereof the plaintiff was compelled to, and did, deliver said Ford automobile up to said Aetna Insurance Company, and said Ford automobile was thereby and by reason thereof wholly…