Mobley v. Fossett
Supreme Court of North Carolina
' This was an action of Assumpsit in which the plaintiff declared upon a special agreement for the exchange of slaves. On the trial at Sampson, on the last circuit, before his Honor Judge Dick,, the proof was as follows: — The defendant being the owner of a slave by the name of Squire, wrote a letter to the plaintiff proposing to exchange Squire with him for either one of two slaves belonging to the plaintiff, by the names of Sam and Balaanc, if the plaintiff would carry one…
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' This was an action of Assumpsit in which the plaintiff declared upon a special agreement for the exchange of slaves. On the trial at Sampson, on the last circuit, before his Honor Judge Dick,, the proof was as follows: — The defendant being the owner of a slave by the name of Squire, wrote a letter to the plaintiff proposing to exchange Squire with him for either one of two slaves belonging to the plaintiff, by the names of Sam and Balaanc, if the plaintiff would carry one of said slaves to the defendant at Hillsborough. The plaintiff immediately agreed to the proposition, and sent an agent…
1Opinion of the Court
Daniel, Judge.
After stating the case, proceeded as follows : — The mode of contracting for this species of property, prescribed by the act of 1819, (1 Rev. stat. c. 50. sec. 8,) that is, in writing signed &c., was complied with by the parties. The defendant’s positively refusing to take the ic i. i , , P „ , slave Sam at all, dispensed with the necessity oí a tender of him at Hillsborough, 2 Stark. on Ev. 778. Whether the plaintiff had a right to bring trover or detinue, it seems to us, not necessary to determine; for if he had, he might waive such right, and bring assumpsit to recover…
2Cited by1 opinion
- Thompson v. . GaylardSuperior Court of North Carolina · 1801