Salle v. Light's Exr's
Supreme Court of Alabama
Wkit of error to the Circuit Court of Mobile. This was an action of covenant at the suit of the defendants mirror against the plaintiff.
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Wkit of error to the Circuit Court of Mobile. This was an action of covenant at the suit of the defendants mirror against the plaintiff. The declaration as .filed, contained five counts, but a nolle prosequi being entered as to two, the cause was tried on three ; all of which alledge, that the defendant below, on the 29th day of October, 1828, by his writing obligatory of that date, bargained, sold and delivered to the testator oí the plaintiffs, for the consideration of seven hundred and fifty dollars, the following slaves, to wit: Ned, a negro man, and Daniel, a boy'; “ to have and to hold…
1Opinion of the CourtCollier, C. J.
The legal sufficiency of the entire declaration was brought to the view of the Circuit Court by the demurrer to the first count, taken in connection with plaintiff’s demurrer to the pleas, and we propose to consider the law, as applicable to every part of it. ' It may be premised, that the express covenant contained in the bill of sale of defendant, is nothing more than a warranty of title, and consequently confers the same rights and imposes the same obligation, and nothing more. To entitle the vendee to recover for a breach of such a contract, he must show that he has been deprived of the…
2Cases cited9 opinions
- Somerville's Executors v. HamiltonSupreme Court of the United States · 1819
- Armstrong v. PercyNew York Supreme Court · 1830
- Belden v. SeymourSupreme Court of Connecticut · 1831
- Carmack v. Commonwealth ex rel. BoggsSupreme Court of Pennsylvania · 1812
- Brewster v. CountrymanNew York Supreme Court · 1834
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3Cited by10 opinions
- Birmingham Chero-Cola Bottling Co. v. ClarkSupreme Court of Alabama · 1921
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- George E. Jensen Contractor, Inc. v. Quality Mill Works, Inc.Supreme Court of Alabama · 1983
- C. D. Chapman & Co. v. G. P. Dowling Hardware Co.Supreme Court of Alabama · 1921
- Sisk v. WoodruffIllinois Supreme Court · 1853
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