De La Hoya bought a used handgun for $140 from Slims Gun Shop, a licensed firearms dealer.

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De La Hoya bought a used handgun for $140 from Slim’s Gun Shop, a licensed firearms dealer. At the time, neither De La Hoya nor Slim’s knew that the gun had been stolen prior to the time Slim’s bought it. While De La Hoya was using the gun for target shooting, he was questioned by a police officer. The officer traced the serial number on the gun, determined that it had been stolen, and arrested De La Hoya. 


De La Hoya had to hire an attorney to defend himself against the criminal charges. De La Hoya then brought a lawsuit against Slim’s Gun Shop for breach of warranty of title. He sought to recover the purchase price of the gun plus $8,000, the amount of his attorney’s fees, as “consequential damages.” Can a buyer who does not get good title to the goods he purchased recover from the seller consequential damages caused by the breach of warranty of title?

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Law for Business

ISBN: 978-1259722325

13th edition

Authors: A. James Barnes, Terry M. Dworkin, Eric L. Richards

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