Legal Opinion

Gilchrist v. Marrow

Supreme Court of North Carolina

Decided July 15, 1816Published

This cause was tried before Daniel, J. at Cumberland Superior Court. It was an action of covenant to recover damages for the breach a warranty of soundness contained in a bill of sale, whereby the defendant sold to the plaintiff “a girl slave, named Mary, about eleven years of age, sound and healthy, and do by these presents further covenant and agree to warrant the right and defend the title of the said slave,” &c.

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This cause was tried before Daniel, J. at Cumberland Superior Court. It was an action of covenant to recover damages for the breach a warranty of soundness contained in a bill of sale, whereby the defendant sold to the plaintiff “a girl slave, named Mary, about eleven years of age, sound and healthy, and do by these presents further covenant and agree to warrant the right and defend the title of the said slave,” &c. On the trial, it was contended that the warranty related only to the title, and not to the soundness; but the Judge being of a different opinion, a verdict was entered up for the…

1Per curiam

It is contended by the defendant, that the only covenant contained in this bill of sale relates to the title; and that there is no other express covenant in the deed. We are clearly of opinion, that the following words in the deed contain an averment of a fact, and amount to an express covenant: “I have bargained, sold, and by these presents do bargain, sell, and deliver unto the said Archibald Gilchrist, one certain negro girl slave, named Mary, about eleven years of age, sound and healthy." These words are not as has been contended, barely words of description, but aver facts sufficient to…

2Cases cited1 opinion

  1. Cramer v. BradshawNew York Supreme Court · 1813

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