Mississippi Code

Miss. Code Ann. § 75-2-312 (2026)

Warranty of title and against infringement; buyer's obligation against infringement

✓ current as of July 2026

Find cases: SyfertCases citing this section JustiaMiss. Code CornellLII Search CasesGoogle Scholar

(1) Subject to subsection (2) there is in a contract for sale a warranty by the seller that
- (a) the title conveyed shall be good, and its transfer rightful; and
- (b) the goods shall be delivered free from any security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge.

(2) A warranty under subsection (1) will be excluded or modified only by a specific language or by circumstances which give the buyer reason to know that the person selling does not claim title in himself or that he is purporting to sell only such right or title as he or a third person may have.

(3) Unless otherwise agreed a seller who is a merchant regularly dealing in goods of the kind warrants that the goods shall be delivered free of the rightful claim of any third person by way of infringement or the like but a buyer who furnishes specifications to the seller must hold the seller harmless against any such claim which arises out of compliance with the specifications.

Codes, 1942, § 41A:2-312; Laws, 1966, ch. 316, § 2-312, eff. 3/31/1968.

Notes of Decisions

Cited in 5 cases, 1982–1989 · leading case: Hicks v. Thomas, 516 So. 2d 1344 (Miss. 1987).

Sort: Relevance Newest Treatment

Hicks v. Thomas, 516 So. 2d 1344 (Miss. 1987). · cites it 2× “See Miss. Code Ann. § 75-2-312 (1) (1972). This would suggest that Hicks may indeed have had a cognizable claim against Ellis.”

Daniel J. Vogel & Desmia G. Vogel v. Am. Warranty Home Serv. Corp. &/or Its Successors, Pioneer Warranty Corp., 695 F.2d 877 (5th Cir. 1983). “If the Protection Plan is not a contract of insurance, ordinary contract law would apply because the Mississippi law of warranties covers only sellers’ warranties of the condition of goods, Miss.Code Ann. §§ 75-2-312 to 75-2-318 (1975), but does not extend to contracts of…”

Huff v. Hobgood, 549 So. 2d 951 (Miss. 1989). “Miss. Code Ann. § 75-2-312 provides that a warranty of good title arises automatically from a sale of goods: (1) Subject to subsection (2) there is in a contract for sale a warranty by the seller that (a) the title conveyed shall be good, and its transfer rightful; and *954 (b)…”

Textile Supplies, Inc. v. Charles Garrett, D/B/A Carpet Ctr., 687 F.2d 123 (5th Cir. 1982). “Garrett’s remedy, if any, lies in an action against Couch or Cartersville under Miss. Code Ann. § 75-2-312 14 for breach of the implied warranty of title to the carpet shipped to Garrett by Cartersville.”

Crook Motor Co., Inc. v. Goolsby, 703 F. Supp. 511 (N.D. Miss. 1988). “Miss.Code Ann. § 75-2-312. He did not exclude or modify the warranty as required by subsection (2).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.