Macarty v. Bagnieres

By the Court.

On the sale of a negro it was stipulated, that the vendor would be liable to a warranty, in the sole case of one of the specified in the Civil Code, and the plaintiff states that the negro was, in the knowledge of the defendant, addicted to the habit of running away, a circumstance which was not communicated to him.

The defendant denies the habit imputed to the negro, and contends that if the fact be determined against him, yet the judgment of the court must be in his favour, because although the habit of running away be a redhibitory vice, yet the liability of the vendor, even in…