Dye v. Wall
Supreme Court of Georgia
Action on the case for deceit, in Elbert Superior Court. Tried before Judge Sayre, March Term, 1849. George W. Dye filed his petition in the Superior Court of Elbelt County, setting forth, that “ heretofore, to wit: on the 24th day of May, 1842, your petitioner, at the special instance and request of said Wiley Wall, bargained with the said Wiley to buy of him a certain negro boy slave named Ben, at and for the price or sum of $330, and the said Wiley, by then and there…
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Action on the case for deceit, in Elbert Superior Court. Tried before Judge Sayre, March Term, 1849. George W. Dye filed his petition in the Superior Court of Elbelt County, setting forth, that “ heretofore, to wit: on the 24th day of May, 1842, your petitioner, at the special instance and request of said Wiley Wall, bargained with the said Wiley to buy of him a certain negro boy slave named Ben, at and for the price or sum of $330, and the said Wiley, by then and there falsely and fraudulently warranting the -said negro boy to be sound, then and there, on the day and year aforesaid, sold…
1Opinion of the Court
*586 By the Court.
Nisbet, J.
delivering the opinion.
The declaration in this case contains a count upon the contract of warranty, contained in the bill of sale, to the admissibility of which in evidence exception was taken, and the plaintiff was put upon his election, whether he would rely upon that count or upon the counts for the fraud and deceit in the sale. He elected to rely upon the latter, to support which the bill of sale was offered in evidence. It contains a qualified warranty of soundness. The ground of objection to it as evidence is, that it is not set forth in either of the counts of…
2Cases cited2 opinions
- Allen v. AddingtonNew York Supreme Court · 1831
- Gallager v. BrunelNew York Supreme Court · 1826
3Cited by9 opinions
- Brown v. Ragsdale Motor Co.Court of Appeals of Georgia · 1941
- King v. TownsCourt of Appeals of Georgia · 1960
- Brooke v. ColeSupreme Court of Georgia · 1899
- Peel v. BrysonSupreme Court of Georgia · 1884
- KING SALES COMPANY, INC. v. McKeyCourt of Appeals of Georgia · 1961
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