Feagin v. Beasley
Supreme Court of Georgia
Assumpsit, in Sumter Superior Court. Tried before Judge Allen, March Term, 1857. This was an action by Parker S. Beasley against William H. Feagin for the recovery of damages for the breach of warranty of the soundness of a negro man named Toney, sold by defendant, Feagin, to plaintiff.
Read the full summary
Assumpsit, in Sumter Superior Court. Tried before Judge Allen, March Term, 1857. This was an action by Parker S. Beasley against William H. Feagin for the recovery of damages for the breach of warranty of the soundness of a negro man named Toney, sold by defendant, Feagin, to plaintiff. The following is the bill of sale containing the warranty, Lto-wit: Received of P. S. Beasley Seven Hundred Dollars for negro man named Toney, about 28 years old, which I warrant sound in body and mind, and free from the claims of all persons whatever. This the 28th day of November, 1848. W. II. FEAGIN. Test,…
1Opinion of the Court
By the Court. —
Lumpkin, J.
delivering the opinion.
[1.] Usually, the price agreed upon by the parties is the best evidence of the value of property at the time. Better, certainly, than the opinions and guessing of others. There may be exceptional cases. If the negro then in this case was wholly worthless, we see nothing in the testimony to take .this case out of the rale. If the negro was worth something, then the difference between the price paid and the value of the negro in his diseased condition is the measure of damaages. Whether any thing by way of expense should be superadded, is a…
2Cited by14 opinions
- Atlanta, Knoxville & Northern Railway Co. v. GardnerSupreme Court of Georgia · 1905
- CHRYSLER MOTORS CORPORATION v. DavisSupreme Court of Georgia · 1970
- State v. BlydenburgSupreme Court of Iowa · 1907
- Moore v. Atlanta Transit System, Inc.Court of Appeals of Georgia · 1961
- Lathem v. Hartford Accident & Indemnity Co.Court of Appeals of Georgia · 1939
9 more not listed; retrieve them via the Exa API.