Galpin v. Jessup
Supreme Court of Louisiana
Appeal from the District Court of Ouachita, Willson J. This was an action to rescind the sale of -a slave, the plaintiff having given his note for the price. There was a judgment rescinding the sale, and ordering the note to be given up, or, in default thereof, security to be given to the plaintiff to protect him against any liability on the note.
1Opinion of the CourtMorphy, J.
This is an action to rescind the sale, and to recover a note given for the price of a slave sold to petitioner by the defendant, on the ground that the negro was diseased, and of no value at the time of the sale ; and that the seller knew it, but concealed the fact for the purpose of defrauding him. There was a verdict and judgment below in favor of the plaintiff; and the defendant has appealed.. The sale was made with an exclusion of warranty, in the following words : “ The vendor does not guaranty said negro man against the vices prescribed by law, and the said purchaser hereby expressly…
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