Lindsey v. Lindsey
Mississippi Supreme Court
In error to the Circuit Court of Cboctaw county. Hon. William Cothran, judge. The plaintiff in error sued the defendant for damages for an alleged breach of the defendant’s covenant of warranty of soundness of a slave, made in writing, and dated the Sd day of January, A.D. 1854. The defendant pleaded that the warranty was made after the sale of the slave, and was therefore without consideration.
Read the full summary
In error to the Circuit Court of Cboctaw county. Hon. William Cothran, judge. The plaintiff in error sued the defendant for damages for an alleged breach of the defendant’s covenant of warranty of soundness of a slave, made in writing, and dated the Sd day of January, A.D. 1854. The defendant pleaded that the warranty was made after the sale of the slave, and was therefore without consideration. To this the plaintiff replied, that the defendant, at and before the sale, represented the said slave to he sound and healthy, and that the written warranty was made the day after the sale, in…
1Opinion of the CourtHandy, J.
The only question presented in this case is, whether the defendant in error represented, at the time of the sale of the slave, that he was sound, in consequence of which the plaintiff became the purchaser.
It appears that the sale was made at public auction, and during its progress that inquiries were made in relation to 'the soundness of the slave, to which the auctioneer replied that persons must judge for themselves. One witness states that while the sale was going on, the defendant. said to him that the slave was sound, and had not lost a day’s work on the farm the past year. The witness…
2Cited by8 opinions
- United States v. City of BrookhavenCourt of Appeals for the Fifth Circuit · 1943
- J. A. Fay & Egan Co. v. Louis Cohn & Bros.Mississippi Supreme Court · 1930
- McCormick v. KellySupreme Court of Minnesota · 1881
- Lizana v. Edward Motor Sales Co.Mississippi Supreme Court · 1932
- Moynahan v. PrentissColorado Court of Appeals · 1897
3 more not listed; retrieve them via the Exa API.