Bush v. Bradford
Supreme Court of Alabama
Error to the Circuit Court of Benton. Before the Hon. S. C. Posey. This was an action of assumpsit on a promissory note instituted by defendant against the plaintiff. Issues were formed on the pleas of non-assumpsit, want of consideration, failure of consideration, fraud, and set off.
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Error to the Circuit Court of Benton. Before the Hon. S. C. Posey. This was an action of assumpsit on a promissory note instituted by defendant against the plaintiff. Issues were formed on the pleas of non-assumpsit, want of consideration, failure of consideration, fraud, and set off. The defendant introduced the following instrument in evidence : “The State of Alabama, Benton county — Received of Daniel Bush, twenty-two hundred dollars, for the following described blooded stock, viz: No. 1. Miss Lumpkin, bay mare, sired by old Bertrand, her dam by Koskiusko, with suckling by her side, mare…
1Opinion of the CourtCollier, C. J.
The contract between the plaintiff, by his agent, and the defendant, is evidenced by a writing. It merely acknowledges the receipt of a definite sum for blood stock, describing them by their names and pedigrees; and according to its legal effect, is a transfer of the stock by the plaintiff to the defendant, for the consideration expressed. There can be no doubt that the writing does not contain a warranty, either express or otherwise, of the ages or soundness of the stock, and it is therefore material to consider, whether it' is allowable to show by extrinsic proof, that there was such a…
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