Mizell v. Sims
Mississippi Supreme Court
Error to the Circuit Court of Hindu county. Hon. John Watts, judge. Hnder the view taken of this case by the court it is unnecessary to set out the pleadings, evidence, and charges, more in detail than they are stated in the opinion of the court. Made the following points: 1. The declaration was bad, because it averred a special warranty of soundness and servitude and alleged no breach of that, but alleged the falsity of other representations made at the same time.
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Error to the Circuit Court of Hindu county. Hon. John Watts, judge. Hnder the view taken of this case by the court it is unnecessary to set out the pleadings, evidence, and charges, more in detail than they are stated in the opinion of the court. Made the following points: 1. The declaration was bad, because it averred a special warranty of soundness and servitude and alleged no breach of that, but alleged the falsity of other representations made at the same time. When there is an express warranty, either verbally or in writing, all other representations are merged in it, or considered as…
1Opinion of the CourtHandy, J.
This was an action to recover upon a breach of warranty of a slave sold by the defendant below to the plaintiff.
*333The declaration alleges that the defendant “ warranted the slave to the plaintiff to be a slave for life and sound in body and mindand that, at the time of the purchase, the plaintiff inquired of the defendant whether the slave was bad or a runaway or in the habit of running away, and that the defendant thereupon represented that the slave was not a runaway nor in the habit of running away, and upon these representations that the plaintiff purchased the slave and paid the…
2Cited by2 opinions
- Wiggin v. StateWyoming Supreme Court · 1922
- Vincent v. CorbettMississippi Supreme Court · 1908