Bacon v. Brown

OPINION of the Court, by

Judge Owsley.

The appellee brought his action in the Franklin circuit court to recover of the appellant for the unsoundness of a negro man which he had purchased of the appellant. He charges in his declaration that the appellant, at the time of the sale of said negro, promised and assumed upon himself that said negro was sound ; and he alleges the negro was unsound of an inward decay, of which he af-■terwards died. On the trial of the cause the appellee proved the appellant at the time of the sale assumed said negro was sound. The appellant moved the court to instruct…