Bacon v. Brown

*91! OPINION of the Court, by

Judge Owsiey,

Brown purchased from Bacon a negro man, and some time after lie paid the parchas? money, the negro died.

He may affirm the contract and recov. er damages for the deceit $ cr he tnay ¿ifaffirm the comradt, and' íue for ihe pi ice paid ; in the latter caie the plaintiff ought to return or offer to return the properly. Where there Was dvioence on both hues, and the weight of evidence was with thie ver-didl, a new trial refufed. Where the verdiCi is affirmed by the court who tried the caufe, the cafe ihculd be ilrong and dear to induce the appellate court to…