Bennett v. Fail
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. Assumpsit by Fail & Patterson against Bowen Bennett, on a promissory note for $2,100, which was shown to have been given for the purchase money of three slaves sold by plaintiffs to defendant; pleas, non assumpsit, fraud, failure of consideration, and want of consideration.
Read the full summary
Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. Assumpsit by Fail & Patterson against Bowen Bennett, on a promissory note for $2,100, which was shown to have been given for the purchase money of three slaves sold by plaintiffs to defendant; pleas, non assumpsit, fraud, failure of consideration, and want of consideration. On the trial, after the plaintiffs had offered in evidence the note declared on, the defendant proved that it was given for the purchase money of three slaves — Mary Jane, Nancy, and Judy — sold by plaintiffs to him at one time on 28th January, 1852,…
1Opinion of the CourtChilton, C. J.
—There was no error in the charge, that the letters which passed between the parties did not show a rescission of the contract. This charge must be considered with reference to the proof shown in the record; and it is clear from this, that whatever may have been Bennett’s inclination when he wrote to the appellees, informing them of the unsoundness of the slaves, and saying that he tendered them back; the appellees did not assent to any rescission, but insisted on the contract, referring Bennett, for his indemnity, to their warranty ; and Bennett’s subsequent conduct shows that he sought this…
2Cited by19 opinions
- Louisville, New Albany & Chicago Railway Co. v. FalveyIndiana Supreme Court · 1885
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Carney v. StateSupreme Court of Alabama · 1885
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- Dominick v. RandolphSupreme Court of Alabama · 1899
14 more not listed; retrieve them via the Exa API.