Baum v. . Stevens
Supreme Court of North Carolina
Appeal from the Superior Court of Currituck county, at Spring Term, 1842, his Honor Judge Manly presiding. This was an action of assumpsit, in which the plain tiff declared against the defendant for having warranted the soundness and healthiness of a negro slave, named Jim.
Read the full summary
Appeal from the Superior Court of Currituck county, at Spring Term, 1842, his Honor Judge Manly presiding. This was an action of assumpsit, in which the plain tiff declared against the defendant for having warranted the soundness and healthiness of a negro slave, named Jim. It was shewn in evidence that the defendant sold a number of ne-groes at public auction, among which was negro Jim, which was purchased by the plaintiff — that the defendant declared, when the negro prior to Jim was offered, that he did not warrant that negro, as he was unsound — that when Jim was offered, he remarked…
1Opinion of the CourtRuffin, C. J.
We think the rule, on which this case depends, is correctly laid down by Chief Justice Taylor in Erwin v Maxwell, 3 Murph. 241: that “to make an affirmation at the time of the sale a warranty, it must appear upon evidence to have been so intended, and not to be a mere matter of judgment and opinion.” It is certain that warrant is not an indispensable term in contracts respecting personalty, as it is in conveyances of freehold. It is also true that a representation, simply, of soundness, does not impart, absolutely, a stipulation of the existence of that quality. But the representation may be…
2Cases cited2 opinions
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Whitney v. SuttonNew York Supreme Court · 1833
3Cited by9 opinions
- Robertson v. HaltonSupreme Court of North Carolina · 1911
- Wrenn v. . MorganSupreme Court of North Carolina · 1908
- Hodges v. SmithSupreme Court of North Carolina · 1912
- Beasley v. Surles.Supreme Court of North Carolina · 1906
- Harris v. . CannadySupreme Court of North Carolina · 1908
4 more not listed; retrieve them via the Exa API.