Dillingham v. Estill

To an aetion of covenant brought by Estill against Dillingham, for a breach of a warranty of soundness contained in a bill of sale of two slaves, the defendant (now appellant,) in substance and effect, pleaded that the following writing — “ I, Benjamin Estill, release said Dillingham “ from any responsibility of said negroes, as witness my hand— “ Benjamin EstUV — was executed simultaneously with the bill of sale, and was an integral part of the contract of sale, intended to operate as a defeasance of the warranty.

The Circuit Court, being of the opinion that the writing, as pleaded, could not…