Willis v. Dudley
Supreme Court of Alabama
Error to the Circuit Court of Lowndes. This was an action of covenant, at the suit of the defendant in error, to recover damages of the plaintiffs, for the breach of warranty contained in a bill of sale of a slave named Major, The cause was tried upon the plea of covenants performed, a verdict returned for the plaintiffs for'$970 45; and judgment was rendered thereon.
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Error to the Circuit Court of Lowndes. This was an action of covenant, at the suit of the defendant in error, to recover damages of the plaintiffs, for the breach of warranty contained in a bill of sale of a slave named Major, The cause was tried upon the plea of covenants performed, a verdict returned for the plaintiffs for'$970 45; and judgment was rendered thereon. From a bill of exceptions sealed at the instance of the defendants, it appears, that in December, 1848, they sold to the plaintiff certain slaves, among which was one named Major, valued at $600, who, by a bill of sale, was…
1Opinion of the CourtCollier, C. J.
It is a general rule of law respecting the measure of damages, that where an injury has been sustained for which the law gives a remedy, that remedy shall be commensurate with the injury sustained. [4 Dall. Rep. 206; 7 Mass. Rep. 254; 16 Pick. Rep. 194.] In an action upon a covenant of warranty contained in a deed conveying land, the measure of damages, in most of the States of the Union, is the consideration money, or the proper proportion of it, *935with interest; though in some, the course is to award damages to the value of the land at the time of eviction. [2 Greenl. Ev. 217-18 ; 1 Kinne’s…
2Cases cited9 opinions
- Armstrong v. PercyNew York Supreme Court · 1830
- Dey v. DoxNew York Supreme Court · 1832
- Shepherd v. HamptonSupreme Court of the United States · 1818
- Blasdale v. BabcockNew York Supreme Court · 1806
- Rockwood v. AllenMassachusetts Supreme Judicial Court · 1811
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3Cited by8 opinions
- Stoudenmeier v. WilliamsonSupreme Court of Alabama · 1857
- Ward v. ReynoldsSupreme Court of Alabama · 1858
- Stow v. Bozeman's ExecutorsSupreme Court of Alabama · 1856
- Rose's Executors v. BozemanSupreme Court of Alabama · 1868
- Hale v. BoylenWest Virginia Supreme Court · 1883
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