Patton v. . Porter
Supreme Court of North Carolina
Action on this case for breach of a warranty of soundness of a slave, tried before his Honor, Judge Manly, at the Fall Term, 1855, of Buncombe Superior Court.
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Action on this case for breach of a warranty of soundness of a slave, tried before his Honor, Judge Manly, at the Fall Term, 1855, of Buncombe Superior Court. The action was brought for the breach of a warranty of soundness of a negro slave named Lawson, contained in a bill of sale not under seal, dated 3rd of March, 1851. The defendant had bought the same slave from the plaintiffs, and took from them a bill of sale, with a warranty nearly in the same words as that declared on, dated February 10, 1.850. This bill of sale was offered in evidence by the defendant, but objected to by the…
1Opinion of the CourtBattle, J.
The only question which we shall consider is, whether the warranty of soundness contained in the bill of sale from the plaintiffs to the defendant, was admissible as evidence of their declaration, that the slave was sound at the time when it was made. A warranty is a contract by which the person who makes it engages to become responsible to the other party for any damage which he may sustain by a breach of it. It does not necessarily include a declaration by the maker that the fact is so, but merely that he will be responsible if it shall prove not to be so. If it implied an assertion in all…
Also in this document: Per curiam.
2Cited by2 opinions
- State v. . PageSupreme Court of North Carolina · 1939
- Bryant v. . BryantSupreme Court of North Carolina · 1919