Rand v. Oxford
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried before the Hon. Nat. Cook. This action was brought by A. B. Oxford, against W. B. Band, to recover damage!? for the conversion of a slave named Sarah. The only plea was the general issue.
Read the full summary
Appeal from the Circuit Court of Wilcox. Tried before the Hon. Nat. Cook. This action was brought by A. B. Oxford, against W. B. Band, to recover damage!? for the conversion of a slave named Sarah. The only plea was the general issue. On the trial, as the bill of exceptions shows, the plaintiff proved, that he sold the slave in controversy to the defendant, in January, 1854, at the price of $999, and executed to him a bill of sale, containing warranties of soundness and title; that the slave was unsound at the time of the sale, and, in consequence thereof, the defendant tendered her back in…
1Opinion of the CourtB. W. Walken, J.
The case seems to have been treated in the court below, (and it has been so argued! here,) as if the contract was in fact rescinded by Band’s offer to return, and Oxford’s refusal to receive the slave. Without inquiring or deciding whether such a result is effected, when the tender which is rejected by the seller is based upon a mere breach of warranty, unmixed with fraud, we will consider the case in the aspect in which it has been presented to us.
When the purchaser of a chattel, for a sufficient reason, makes a tender of the property to the seller, with a view to rescission, and the seller…
2Cases cited3 opinions
- Dill v. CampSupreme Court of Alabama · 1853
- Freeman v. ScurlockSupreme Court of Alabama · 1855
- Farrow v. Bragg's Adm'rSupreme Court of Alabama · 1857
3Cited by5 opinions
- Comer v. FranklinSupreme Court of Alabama · 1910
- Smith v. ThomasSupreme Court of Alabama · 1918
- Walsh v. SichlerMissouri Court of Appeals · 1886
- Morgan v. NelsonSupreme Court of Alabama · 1869
- Nelson v. BeckSupreme Court of Alabama · 1875