Gaines v. McKinley
Supreme Court of Alabama
THE plaintiff in error declared against the defendant, in the Circuit Court of Lauderdale, for the breach of a warranty of soundness contained in a bill ef sale, by which the agent of the defendant, in consideration of five hundred and twenty-five dollars, transferred the right to a negro boy named Jackson, to the plaintiff.
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THE plaintiff in error declared against the defendant, in the Circuit Court of Lauderdale, for the breach of a warranty of soundness contained in a bill ef sale, by which the agent of the defendant, in consideration of five hundred and twenty-five dollars, transferred the right to a negro boy named Jackson, to the plaintiff. The case was tried on the plea of non assumpsit, with an agreement that the same defence might be made, as if it were a special plea, denying the authority to execute the bill of sale, and verified by affidavit. On the trial, a bill of exceptions was sealed; in which…
1Opinion of the CourtCollier, C. J.
— The question necessary to be considered is, did the power of attorney from the defendant to Cockburn, confer an authority to warrant the soundness of the slaves to the purchaser?
In Skinner v. Gunn, (9 Porter’s Rep. 305,) this court say “an authority to do an act, must include power to do every thing usual and necessary to its accomplishment. Thus, an agent employed to get a bill discounted, may endorse it in the name of *448his employer, and bind him by such endorsement. So, an agent employed to sell a horse, may warrant him to be sound, that being usually done in such cases. But in either of…
2Cited by6 opinions
- Herring v. SkaggsSupreme Court of Alabama · 1878
- Drumright v. PhilpotSupreme Court of Georgia · 1854
- Lytle & Co. v. Bank of DothanSupreme Court of Alabama · 1898
- Ala. Great Southern Railroad v. HillSupreme Court of Alabama · 1884
- Cocke v. Campbell & SmithSupreme Court of Alabama · 1848
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