Gilchrist v. . Marrow

It was an action of covenant to recover damages for the breach of warranty of soundness contained in a bill of sale, whereby the defendant sold to the plaintiff "a girl slave, named Mary, about 11 years of age,sound and healthy, and do by these presents further covenant and agree to warrant the right and defend the title of the said slave," etc.

On the trial it was contended that the warranty related only to the title, and not to the soundness; but the judge being of a different opinion a verdict was entered up for the plaintiff. The defendant moved for a new trial, which was overruled, and he…