Anderson v. Duffield
Texas Supreme Court
■ Appeal from Nacogdoches. This suit was brought by the appellees against the appellant on a warranty of a slave to be sound, when she was unsound and wholly worthless. There was a verdict for the plaintiffs for the amount of the purchase-money, with interest on the same from the time it was paid up to the finding of the jury, making the aggregate sum of eight hundred and eighty-two dollars and forty-one cents, for which and the costs the judgment was rendered.
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■ Appeal from Nacogdoches. This suit was brought by the appellees against the appellant on a warranty of a slave to be sound, when she was unsound and wholly worthless. There was a verdict for the plaintiffs for the amount of the purchase-money, with interest on the same from the time it was paid up to the finding of the jury, making the aggregate sum of eight hundred and eighty-two dollars and forty-one cents, for which and the costs the judgment was rendered. There was a motion for a new trial, in support of which the defendant made an affidavit that lie was surprised at the trial by the…
1Opinion of the CourtLipscomb, J.
On looking into the record and the statement of facts we do not believe that the ground for surprise was sufficiently sustained to have authorized the court below to set aside the verdict. The suit had been a long time pending, and the appellant cannot be permitted to say that he was not apprised that he would be required to meet the issue of unsoundness in the slavf when sold by him; and if the evidence of the affiants, whose affidavits were submitted in support of a new trial, had been before the jury, it would not have been as to any material fact, but only cumulative.
There was a conflict…
2Cited by10 opinions
- Phillips Petroleum Co. v. Stahl Petroleum Co.Texas Supreme Court · 1978
- Houston & T. C. R'y Co. v. JacksonTexas Supreme Court · 1884
- Anding v. PerkinsTexas Supreme Court · 1867
- W. L. Moody & Co. v. RowlandCourt of Appeals of Texas · 1907
- Nellums v. NashvilleTennessee Supreme Court · 1901
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