Blythe v. Speaks
Texas Supreme Court
Appeal from Cass. Tried below before the Hon. William S. Todd. This suit was brought by the appellant, as the executor of the will of Amos Ury, deceased, against the appellees, John Speak and Clinton Willard, for the sum of $1000, the purchase-money of a slave, sold by Speak and Willard to Ury; and for $900 damages, for money expended for medical aid, medicines and care, in nursing the said slave; and also for $2000 damages, for the breach of warranty, and fraud of the…
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Appeal from Cass. Tried below before the Hon. William S. Todd. This suit was brought by the appellant, as the executor of the will of Amos Ury, deceased, against the appellees, John Speak and Clinton Willard, for the sum of $1000, the purchase-money of a slave, sold by Speak and Willard to Ury; and for $900 damages, for money expended for medical aid, medicines and care, in nursing the said slave; and also for $2000 damages, for the breach of warranty, and fraud of the defendants, in the sale of the slave. The petition set forth the payment to the defendants of $1000, as the purchase-money,…
1Opinion of the CourtRoberts, J.
There are two questions presented in this case. 1st. Does the representation of soundness, in the bill of sale, amount to a warranty ? 2d. Do the facts stated in connection with said representation, make out a case of fraud ?
1. The bill of sale is drawn up in the form of a deed to land, and the parts of it material to be noticed, are as follows, to wit: “ grant, bargain, sell, convey, and confirm unto Amos Ury, his heirs and assigns forever, a negro man, slave for life, by the- name of Sam, about twenty-eight or thirty years old, sane and healthy (except one finger stiff,) in mind and body,…
2Cases cited2 opinions
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