Pettus v. Roberts
Supreme Court of Alabama
Ehroii to the Circuit Court of Sumter. Assumpsit on a false warranty in the sale of two slaves. Upon the trial, the plaintiff introduced in evidence the following instrument: “Received of John Roberts eight hundred and fifty dollars, in full for two negroes — Caroline, aged twenty-seven, and her daughter Aggy, about nine. I warrant the title good and the property sound. A. W. Pettus.
Read the full summary
Ehroii to the Circuit Court of Sumter. Assumpsit on a false warranty in the sale of two slaves. Upon the trial, the plaintiff introduced in evidence the following instrument: “Received of John Roberts eight hundred and fifty dollars, in full for two negroes — Caroline, aged twenty-seven, and her daughter Aggy, about nine. I warrant the title good and the property sound. A. W. Pettus. January 10th, 1842.” It was in proof, that the plaintiff, some time after the date of the writing, tendered to the defendant the said slaves, and demanded eight hundred and fifty dollars. The defendant then…
1Opinion of the CourtOrmond, J.
The principal question in the cause is, whether the defendant could show, in mitigation of damages, that the true consideration of the receipt was not “eight hundred and fifty dollars,” but that it was a negro slave by the name of Alfred_ The importance of this testimony to the rights of the defendant is apparent. The suit is on a false warranty in the sale of two slaves, for whom, it appears by the receipt, eight hundred and fifty dollars were paid. The plaintiff offered to rescind the contract, alleging the slaves to be unsound, and demanding the sum of money specified in the receipt. The…
2Cases cited3 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Saunders v. HendrixSupreme Court of Alabama · 1843
- State v. MiddletonSupreme Court of Alabama · 1837
3Cited by1 opinion
- Kelly v. KarsnerSupreme Court of Alabama · 1886