Hogan v. Thorington
Supreme Court of Alabama
Error to Montgomery Circuit court. Case for a false warranty, tried by Judge A. Martin. The defendant in error brought an action in the Circuit court of Montgomery, to recover damages of the plaintiff, for having falsely warranted to be sound, a negro woman, which he had previously sold to him. The case was tried on the general issue, when the jury found a verdict for the plaintiff, for three hundred and seventy-two dollars.
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Error to Montgomery Circuit court. Case for a false warranty, tried by Judge A. Martin. The defendant in error brought an action in the Circuit court of Montgomery, to recover damages of the plaintiff, for having falsely warranted to be sound, a negro woman, which he had previously sold to him. The case was tried on the general issue, when the jury found a verdict for the plaintiff, for three hundred and seventy-two dollars. At the trial, the presiding judge sealed a bill of exceptions, at the instance oí the plaintiff, from which it appeared “ that the plaintiff (defendant in error) proved…
1Opinion of the CourtCollier, C. J.
— The action for a false warranty is intended not so much to punish the seller, as to compensate the purchaser for any injury he may have sustained ; and in order to a just admeasurement of damages, the proper inquiry in such a case is, what injury has the plaintiff sustained. The deterioration in value, by reason of unsound ness, or other defect, against which the defendant has stipulated, is only important, as furnishing a criterion of damages. What would be sufficient *430to constitute unsoundness, and as such, a breach of the warranty, does not arise upon the record; for it is admit-ed, that…
2Cited by12 opinions
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