Barnes v. Blair
Supreme Court of Alabama
Error to the Circuit Court of Mobile; Tried* before the Hon, John Bragg. 1. The instrument declared on contains a warranty of the soundness and healthiness of the slave, and imports an agreement to that effect, Cramer v. Bradshaw, 10 Johnson, 484; Gilchrist v. Morrow, 2 Car.
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Error to the Circuit Court of Mobile; Tried* before the Hon, John Bragg. 1. The instrument declared on contains a warranty of the soundness and healthiness of the slave, and imports an agreement to that effect, Cramer v. Bradshaw, 10 Johnson, 484; Gilchrist v. Morrow, 2 Car. Law Rep, 607; Ayres v. Parks, 3 Hawks, 59; Houston v. Gilbert, 3 Brevard, 53; 2 J. J. Mar. 129 ;• Chapman v. March, 19 Johns. 290; Cook v. Mosely, 13 Wend. 277; Hastings v. Lovering, 2 Pickering, 214Hegins v. Plympton, 11 do. 97; 2 Humphey, 305; Gardner v. Gray, 4 Camp. 144; Bridge v. Wain, 1 Stark. 504; Zotes v. Pym 6…
1Opinion of the CourtDargan, J.
This was an action of assumpsit, for the false warranty of a slave, sold by the defendant to the plaintiff,, arid which the plaintiff contends was- warranted to be sound. *72The' bill of sale is in the following language : “ Received, Mobile 24th April 1845, of James Barnes, six hundred and fifty dollars for a negro slave named Joe,-about 25 years old, sound and healthy; the title to the same I fully guarantee.” I admit that there are several' decisions to be found, which hold that this bill of sale should be construed as containing a war-rarity of soundness. See Cramer v. Bradshaw, 10 Johns.…
2Cases cited1 opinion
- Cramer v. BradshawNew York Supreme Court · 1813
3Cited by2 opinions
- Corry v. Sylvia y CiaSupreme Court of Alabama · 1915
- Little-Cleckler Const. Co. v. L. Sonneborns Sons, Inc.Alabama Court of Appeals · 1919