Marshall v. Drawhorn
Supreme Court of Georgia
In Equity, from Taylor county. Decision on demurrer, by Judge Worrill, at October Term, 1858. This was a bill in equity, to reform a written contract, (bill of sale of a negro,) and to enjoin an action at law; bill 'filed by Thomas J. Drawhorn against Asa Marshall, administrator of James M. Marshall, deceased.
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In Equity, from Taylor county. Decision on demurrer, by Judge Worrill, at October Term, 1858. This was a bill in equity, to reform a written contract, (bill of sale of a negro,) and to enjoin an action at law; bill 'filed by Thomas J. Drawhorn against Asa Marshall, administrator of James M. Marshall, deceased. The bill states,that on the 14th day of August, 1854, Draw-horn sold a negro boy named Edmund to James M. Marshall, for $800, and executed abill ofsale containing a clause warranting said negro to be “sound and healthy,both in body and mind.” That Marshall has since commenced his action…
1Opinion of the Court
By the Court.
Lumpkin J.
delivering the opinion.
*277Drawhorn sold James Marshall, the intestate of Asa Marshall, the defendant, a negro boy by the name of Edmund, sixteen years old, for $800. He warranted the soundness of the negro, as well as the title. The boy’s health failing, Marshall sued Drawhorn for a breach of his warranty. This bill is filed to reform the bill of sale, and to aid in the defence of the action at law. '
The bill is demurred to, and of course, the facts charged in it are admitted to be true. In a bill of this sort, the complainant must state distinctly wherein the contract, as…
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