Sec. 63. Attempted Sale By One Not Owner: In General

If goods are sold by one not the owner thereof, no title is acquired by the purchaser unless the real owner is estopped to assert his own title.

One cannot sell goods that he does not own unless he is aided therein by some act of the real owner which estops the owner to assert his ownership or deny the seller's authority or title. It is true that one who acquires negotiable paper in due course may often take a better title than his transferor had. So one who gives value for money may acquire good title thereto even from a thief but goods are not subject to these considerations. Except for the estoppel of the owner, the buyer can take no better title than his vendor had, and the true owner may retake the goods as his own. In which case the purchaser must be content with the warranties of title implied in the sale. For breach of these he may have his damages.

A buyer who has a title, although voidable by the seller, may give a good title to an innocent purchaser so long as such title has not been voided.