Badgett v. Broughton
Supreme Court of Georgia
This was an action of covenant, brought by the defendant in error against the plaintiff in error, in the Superior Court of the county of Greene, and tried before Judge Merriwether at September Term, 1846. The action was predicated upon a breach of the warranty contained in the following instrument: “ Greene County, Ga., Dec. 12, 1843. “ Received of John H. Broughton, two hundred and seventy-five dollars, in full payment for a negro girl, named Lucinda; the right and title to…
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This was an action of covenant, brought by the defendant in error against the plaintiff in error, in the Superior Court of the county of Greene, and tried before Judge Merriwether at September Term, 1846. The action was predicated upon a breach of the warranty contained in the following instrument: “ Greene County, Ga., Dec. 12, 1843. “ Received of John H. Broughton, two hundred and seventy-five dollars, in full payment for a negro girl, named Lucinda; the right and title to said slave Í will warrant and defend; I also warrant her sound in body and mind. Given under my hand and seal the clay…
1Opinion of the Court
By the Court
Warner, Judge.
In this case, perhaps, the charge of the court to the jury would have been more strictly in compliance with the legal rule, had it been stated to them that the measure of damages for a breach of warranty of soundness, in the sale of the negro, was the difference between the price paid and the real value of the slave, in her unsound condition ; or, if she was of no value, then the price paid for her, with interest thereon. — 2 Saunders’ Pl. and Ev. 917, and cases there cited; Curtis vs. Hannay, 3 Espinasse, 82.
■ From the evidence disclosed by the record, we are of the…
2Cited by3 opinions
- Atlanta Tallow Co. v. John W. Eshelman & Sons, Inc.Court of Appeals of Georgia · 1964
- Leitner v. Goodwin & BeallSupreme Court of Georgia · 1878
- Boone v. LewisCourt of Appeals of Georgia · 1926