Kornegay v. White
Supreme Court of Alabama
Writ of error to the Circuit Court of Dallas. Assumpsit, by White, against Kornegay, for'breach of warranty of a slave. At the trial, the plaintiff proved the sale and warranty of the slave, as laid in the declaration, and also offered evidence tending to show that at the time of the sale, the slave was afflicted with a disease which materially impaired his value The defendant offered evidence tending to shew the slave was not then afflicted with any disease, and that if he…
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Writ of error to the Circuit Court of Dallas. Assumpsit, by White, against Kornegay, for'breach of warranty of a slave. At the trial, the plaintiff proved the sale and warranty of the slave, as laid in the declaration, and also offered evidence tending to show that at the time of the sale, the slave was afflicted with a disease which materially impaired his value The defendant offered evidence tending to shew the slave was not then afflicted with any disease, and that if he was, the disease was not of a permanent character, and that he had since been cured. There was also evidence tending to…
1Opinion of the CourtGoldthwaite, J.
1. We deem it unnecessary to go into a detailed examination of the several charges refused and given, as we consider the law applicable to warranties of slaves, as substantially settled by the decision of Hogan v. Thorington, 8 Porter, 428. There, the evidence shewed the slave warranted was subsequently cured, although unsound when the warranty was made. The judgment was reversed, because the court, under that state of proof, instructed the jury, the measure of damages was the difference between the real value of the slave at the time of the warranty, and what would have been its value, if…
2Cases cited1 opinion
- Hogan v. ThoringtonSupreme Court of Alabama · 1839
3Cited by13 opinions
- Ward v. ReynoldsSupreme Court of Alabama · 1858
- Stow v. Bozeman's ExecutorsSupreme Court of Alabama · 1856
- Higgins v. MansfieldSupreme Court of Alabama · 1878
- Lewis v. PaullSupreme Court of Alabama · 1868
- Kilby Locomotive & Mach. Works v. Lacey & SonAlabama Court of Appeals · 1915
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