Baptiste, F. W. C. v. Soulie, F. W. C.
Supreme Court of Louisiana
APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW-ORLEANS. This is a redhibitory action, in which the plaintiff seeks to rescind the sale of two slaves made to her by the defendant, and to have her note for the price, amounting to nine hundred dollars returned, and for damages.
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APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW-ORLEANS. This is a redhibitory action, in which the plaintiff seeks to rescind the sale of two slaves made to her by the defendant, and to have her note for the price, amounting to nine hundred dollars returned, and for damages. She alleges, the slaves were afflicted with a pulmonary disease, at the time of sale, which was known to the seller, but which she fraudulently concealed, and of which the slaves died shortly after their delivery, following the sale. The plaintiff further alleged, she had been sued on the note in question,…
1Opinion of the Court
Rost, J„
delivered tbe opinion of the court.
This is a redhibitory action, for the rescission of a sale of a mulatto woman and her child, on the ground that before and at the time of the sale, the said slaves were, to the knowledge of the defendant, affected with a pulmonary disease, of which they both died.
The defendant admits the sale, pleads the general issue, . and the prescription of one year.
This cause was tried by a jury, who gave their verdict in favor of the defendant, and the motion for a new trial, made by t^e having been overruled, she appealed,
The questions involved in the case are…
2Cited by10 opinions
- Bell v. Canal Bank & Trust Co.Supreme Court of Louisiana · 1939
- Weil v. SchwartzSupreme Court of Louisiana · 1897
- Roussell v. HughesSupreme Court of Louisiana · 1925
- Wunderlich v. SimpkinLouisiana Court of Appeal · 1926
- Florance v. BacheminSupreme Court of Louisiana · 1848
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