Wootten & Goolsby v. Callahan
Supreme Court of Georgia
Deceit, in Floyd Superior Court. Tried before Judge —--, at-,— Term, 1858. The facts of this case are fully set out in the opinion of the Court.
1Opinion of the Court
By the Court.
Benning J.
delivering the opinion.
The declaration contained three counts, one, for a breach of warranty, the other two, for a deceit, in the sale of a negro ; but Callahan elected to proceed on the counts for a deceit, which the Court considered, as in effect, a striking out of the - count on a warranty.
Of the two counts in deceit, the first alleged, that Callahan bought, of Wootten & Goolsby, a negro woman for $800. They fraudulently representing the negro, to be sound, except a cold, when she had typhoid fever, of which, she shortly afterwards died. The second alleged, that…
2Cases cited3 opinions
- Manes v. KenyonSupreme Court of Georgia · 1855
- Bennett v. TerrillSupreme Court of Georgia · 1856
- Terrell v. BennetSupreme Court of Georgia · 1855
3Cited by3 opinions
- Brooke v. ColeSupreme Court of Georgia · 1899
- Wooten v. CalahanSupreme Court of Georgia · 1861
- Cooley v. King & Co.Supreme Court of Georgia · 1901