Rowland v. Walker
Supreme Court of Alabama
Error to the Circuit Court of Dallas. Tried before the Hon. N. Cook. The plaintiff sued the defendant in error on a note given for the purchase money of three slaves, which were sold by the former to the latter, with warranty of soundness. The case was tried on issues formed upon the pleas of non-assumpsit and failure of consideration. The points raised by the bill of exceptions will be understood from the opinion.
1Opinion of the CourtParsons, J.
1. The court permitted the defendant to prove by Mr. Saunders, that the plaintiff had offered to sell the three slaves to him, the witness, in May 1846, at the price of seventeen hundred and fifty dollars, and to this evidence the plaintiff excepted. This was less by three hundred and fifty dollars, than the price at which they were sold to the defendant, in March, 1847. This circumstance may have conduced in •some degree, especially with other evidence, to prove that one of the slaves, Martin, was unsound, and we think there was no error in admitting the evidence.
2. The slaves had been for…
2Cases cited1 opinion
- Mauldin v. MitchellSupreme Court of Alabama · 1848
3Cited by10 opinions
- Western Union Tel. Co. v. RowellSupreme Court of Alabama · 1907
- Wilkinson v. MoseleySupreme Court of Alabama · 1857
- Stowers Furniture Co. v. BrakeSupreme Court of Alabama · 1908
- Kansas City, Memphis & Birmingham Railway Co. v. MatthewsSupreme Court of Alabama · 1904
- Lowery v. JonesSupreme Court of Alabama · 1929
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