Barron v. Alexander

The defendant sets up in his answer to the plaintiff’s petition, which is founded on a note given for the price of a slave, *531that at tlve time of the sale the slave was diseased, which was known to the plaintiff and which he fraudulently concealed from him.

Where a vendor sells a defective article, knowing the existence of the defect, for a sound price, and does not disclose it to his vendee, he is guilty of a fraud, and such fraud may be set up as a defence to an action founded on a note given for the price of the article. In such case it is not necessary to the defence that there should be…