Cramer v. Bradshaw
New York Supreme Court
THIS was an action of covenant. The plaintiff declared ore a bill of sale, by which the defendant, in consideration of 175 dollars, granted, bargained and sold to the plaintiff, “ a negro woman slave, named Sarah, aged about thirty years, being of sound wind and limb, and free from all disease,” to have and to hold, &c.
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THIS was an action of covenant. The plaintiff declared ore a bill of sale, by which the defendant, in consideration of 175 dollars, granted, bargained and sold to the plaintiff, “ a negro woman slave, named Sarah, aged about thirty years, being of sound wind and limb, and free from all disease,” to have and to hold, &c. And the defendant, by the same instrument, covenanted to warrant and defend the slave, so sold to the plaintiff, against the defendant arid all other persons. The plaintiff alleged as a breach of the covenant, that the slave was unsound, and affected with divers diseases, to…
1Per curiam
The words in the bill of sale, “ being of sound wind and limb, and free from all disease,” arc an averment of a fact, and import an agreement to that effect. The words were not used as a mere description of the slave; they amount to an express, not an implied, covenant; to a warranty of the soundness of tlfe slave. The plaintiff is, therefore, entitled to judgment.
Judgment for the plaintiff
2Cited by7 opinions
- Hobart v. YoungSupreme Court of Vermont · 1891
- Foster v. Estate of CaldwellSupreme Court of Vermont · 1846
- Osgood v. LewisCourt of Appeals of Maryland · 1829
- Barnes v. BlairSupreme Court of Alabama · 1849
- Gilchrist v. MarrowSupreme Court of North Carolina · 1816
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