Appellate Practice Attorney serving New York, NY
Do I understand you correctly? Are you asking if you can keep the money you were paid for a machine which you didn't own and couldn't deliver to the buyer? The answer is no. In fact, when youj sold the gator, you warranted (unless there was an express disclaimer, which I'm sure there wasn't) that you had good title to it. While you may not have known that the representation was false, you nevertheless breached the contract, and the buyer can sue you for any damages he sustained as a result of that breach, which may not be limited to the money he paid (for example, you could possibly be held liable if the buyer paid someone a non-refundable deposit to transport the equipment.) Of course, you have the same rights against the person who sold you the gators.
Answered on Jul 10th, 2014 at 9:22 AM