Huckabee v. Albritton
Supreme Court of Alabama
Writ of Error to the Circuit Court of Pickens. Assumpsit by Huckabee, as the administrator of one Foster, against Albritton, as the maker of a promissory note. At the trial it was proved the note was given for the price of a slave sold by Foster to the defendant, and for which a written bill of sale was given, containing a Warranty of the title, but no warranty of the soundness.
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Writ of Error to the Circuit Court of Pickens. Assumpsit by Huckabee, as the administrator of one Foster, against Albritton, as the maker of a promissory note. At the trial it was proved the note was given for the price of a slave sold by Foster to the defendant, and for which a written bill of sale was given, containing a Warranty of the title, but no warranty of the soundness. About a week after the purchase it was discovered the "slave was greatly diseased in one leg, and the disease appeared to be of long standing. At the same time it was also discovered, the slave had a violent…
1Opinion of the CourtGoldthwaite, J.
1. The principal question here is, whether the defendant can maintain his defence for a fraud practised in the sale of the slave, when it is shown he accepted a warranty to a certain extent only, and not covering the particular defect from which the injury arises. Since the decision of Cozzens v. Whittaker, 3 S. & Porter, 322, this can scarcely be considered, with us, as an open question, as it was there held, an action on the case was sustainable for the deceit, in falsely representing the qualities of the slave, although the defendant was bound by an express warranty, in respect to the…
2Cases cited2 opinions
- Langdon v. Roane's Adm'rSupreme Court of Alabama · 1844
- Spann v. BoydSupreme Court of Alabama · 1830
3Cited by9 opinions
- Bean v. BickleySupreme Court of Iowa · 1919
- Fairbanks Morse & Co. v. DeesSupreme Court of Alabama · 1929
- Ware, Murphy & Co. v. Morgan & DuncanSupreme Court of Alabama · 1880
- Thweatt v. McLeodSupreme Court of Alabama · 1876
- Pierce v. WilsonSupreme Court of Alabama · 1859
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