Ayres v. Parks, Adm'r of Humphries
Supreme Court of North Carolina
I From Iredell. This was an action of covenant upon a warranty in a hill of sale of negroes, brought to recover the value of one of the negroes, Peggy. The bill of sale was as follows. “ Received of David B. Ayres, seventeen hundred and fifty dollars, “in full satisfaction for three negro girls, namely, Swkey, Peggy and “Jane.
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I From Iredell. This was an action of covenant upon a warranty in a hill of sale of negroes, brought to recover the value of one of the negroes, Peggy. The bill of sale was as follows. “ Received of David B. Ayres, seventeen hundred and fifty dollars, “in full satisfaction for three negro girls, namely, Swkey, Peggy and “Jane. All the above named negroes are sound, healthy and clear of “ disease, and slaves for life, and warranted and defended from all “ manner of claims whatsoever. Given under my hand and seal, this, “ 16th November, 1818.” Two grounds of defence were taken below $ first,…
1Opinion of the Court
Hall, Judge.
An affirmation at the time of sale, is a warranty, provided it appears in evidence to have been so intended. — (S Term, 57.) Whether it was so intended, is a matter of fact to be left to the Jury. In the present case, whether there is a warranty contained in the deed, on which this action is brought, is a question of law, and of course must bo decided by the Court.
I admit that a bare affirmation is only an inducement to make the contract, but ought not to be considered as part of the contract, and that then' is no remedy upon it unless you bring home a scienter to the party making…
2Cited by3 opinions
- Hodges v. SmithSupreme Court of North Carolina · 1912
- Hodges v. . SmithSupreme Court of North Carolina · 1912
- Gilchrist v. . MarrowSupreme Court of North Carolina · 1816