McDermott v. Cannon

This is a redhibitory action. The contract sought to be rescinded is the sale of a slave alleged to be affected with scrofula and addicted to running away.

Among other defences to the action, it is objected by defendant that the slave has never been tendered to him or offered to be returned. See 4 Rob. 381; 2 N. S. 411 ; 4 La. 198 ; 19 La. 283 ; 11 An. 215 ; 4 An. 562.

The proof- on this branch of the case is, that Messrs. Henderson & Peale, the merchants of the plaintiff, addressed a note to the defendant, wherein they stated that they were requested to collect the value of the slave from…