Carter v. Walker
Court of Appeals of South Carolina
Before Evans, J. at Chester, July, Extra Term, 1845. Assumpsit for the price of a negro. The plaintiffs, as administrators of Joseph Carter, sold the negroes belonging to his estate at public auction. The defendant bid off a negro woman named Dorcas, for ninety-two or ninety-three dollars. For some reason not explained, possession was delivered of Dorcas, without a note being given according to the terms of the sale.
Read the full summary
Before Evans, J. at Chester, July, Extra Term, 1845. Assumpsit for the price of a negro. The plaintiffs, as administrators of Joseph Carter, sold the negroes belonging to his estate at public auction. The defendant bid off a negro woman named Dorcas, for ninety-two or ninety-three dollars. For some reason not explained, possession was delivered of Dorcas, without a note being given according to the terms of the sale. The defendant having afterwards refused to give her note, and offered to return the negro, this action was brought for the purchase money. The sale was made about the 1st…
1Opinion of the Court
Curia, per Evans, J.
In this case it must be assumed that there was a warranty of some sort, and that the negro was unsound, because the jury have so found. Under these circumstances the defendant contends that having tendered back the negro, she had rescinded the contract and was entitled to a verdict. This proposition cannot be *45sustained : 1st. Because there was in fact no tender. What she calls a tender was a mere proposal to return the negro, who was not present, so that if the plaintiffs had assented, they could not have re-possessed themselves of her. 2d. The defendant’s subsequent…
2Cases cited1 opinion
- Thornton v. WynnSupreme Court of the United States · 1827
3Cited by1 opinion
- Joseph T. Ryerson & Sons, Inc. v. Commodity Engineering Company, and Michael K. WhetstoneCourt of Appeals for the Fourth Circuit · 1982