Thompson v. Botts
Supreme Court of Missouri
APPEAL from Howard Circuit Court. 1. The first and second instructions given to the jury, at the instance of the plaintiff, are erroneous. 1st. They both assume as true the fact of the warranty, (a matter denied by the plea) and direct the jury to find for the plaintiff, if the other material fact in the issue (the unsoundness) be proved. 2d. The second instruction prescribes an improper measure of damages.
Read the full summary
APPEAL from Howard Circuit Court. 1. The first and second instructions given to the jury, at the instance of the plaintiff, are erroneous. 1st. They both assume as true the fact of the warranty, (a matter denied by the plea) and direct the jury to find for the plaintiff, if the other material fact in the issue (the unsoundness) be proved. 2d. The second instruction prescribes an improper measure of damages. Although the warranty extends to both the mother and the child, the present suit is for the unsoundness of the mother only, and of course the true measure of damages here is the difference…
1Opinion of the CourtNapton, J.
This was an action of assumpsit brought by the appellee for a breach of warranty in the sale of a negro woman and child. The breach assigned, was the *712unsoundness of the woman at the time of the sale. The bill of sale warranted the negroes “ sound and healthy in body and mind, and slaves for life.” The plea was non-assumpsit, and the verdict was for the plaintiff.
On the trial, it appeared, that the negro woman, at the time of the sale, had a swelling on the side of her neck, about the size of a pea, which was shown to the purchaser, (Eotts) with assurances from Thompson, (the defendant below)…
2Cited by13 opinions
- Boothby v. ScalesWisconsin Supreme Court · 1871
- Turner v. Central Hardware Co.Supreme Court of Missouri · 1945
- Branson v. TurnerSupreme Court of Missouri · 1883
- O'Neill v. BlaseMissouri Court of Appeals · 1902
- Callanan v. Brown & Co.Supreme Court of Iowa · 1871
8 more not listed; retrieve them via the Exa API.