Marshall v. Wood
Supreme Court of Alabama
Error to the Circuit Court of Macon.. Tried, before the Hon. Nathan. Cook.. This was air action- of assumpsit,.instituted By the defendant against the plaintiff in. error to- recover damages for the breach of warranty of a female slave.
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Error to the Circuit Court of Macon.. Tried, before the Hon. Nathan. Cook.. This was air action- of assumpsit,.instituted By the defendant against the plaintiff in. error to- recover damages for the breach of warranty of a female slave. The plaintiff having introduced proof, tending to show that the- slave in question with her child, was purchased by him from defendant at the price of six hundred dollars under a warranty of soundness, &c., that the woman alone, if sound, would have been worth $550 at the time of sale, that she was a , short time after the sale affected with a disease, termed…
1Opinion of the CourtChilton, J.
1. There can be no question but that the warranty was broken, if the property at the time of the sale, was unsound, and any damage which was the proximate result of such unsoundness was properly recoverable by the plaintiff in the court below. If the disease wilh which the slave was afflicted at the time of the sale, rendered her less valuable than she would have been if sound, the plaintiff below had the'right to recover to the extent of the damage he sustained in consequence of such unsouudness, whether she recovered from such uasoundness or not. But he could not recover for unsoundness…
2Cases cited2 opinions
- Kornegay v. WhiteSupreme Court of Alabama · 1846
- Marshall v. GanttSupreme Court of Alabama · 1849
3Cited by11 opinions
- Stoudenmeier v. WilliamsonSupreme Court of Alabama · 1857
- Ward v. ReynoldsSupreme Court of Alabama · 1858
- Stow v. Bozeman's ExecutorsSupreme Court of Alabama · 1856
- Brown v. Freeman & BynumSupreme Court of Alabama · 1885
- Perry v. JohnstonSupreme Court of Alabama · 1877
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