Humphries v. Bradford
Supreme Court of Alabama
[ACTION FOR BREACH OP WARRANTY OP SOUNDNESS OP SLAVE.] Appeal from the Circuit Court of Chambers. Tried before the Hon. E. W. Pettus. This action was brought by John R. Humphries, the appellant, against the firm oí Barr & Bradford, to recover damages for the breach of a warranty oí soundness of a slave named Len, sold by defendants to plaintiff; was commenced in April, 1852; and was prosecuted against Bradford, as surviving partner, after the death of Barr.
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[ACTION FOR BREACH OP WARRANTY OP SOUNDNESS OP SLAVE.] Appeal from the Circuit Court of Chambers. Tried before the Hon. E. W. Pettus. This action was brought by John R. Humphries, the appellant, against the firm oí Barr & Bradford, to recover damages for the breach of a warranty oí soundness of a slave named Len, sold by defendants to plaintiff; was commenced in April, 1852; and was prosecuted against Bradford, as surviving partner, after the death of Barr. On the trial, the plaintiff" introduced a witness named Lindsey, who resided on his plantation where the slave worked, and who testified…
1Opinion of the CourtStone, J.
The record does not inform us what was plaintiff’s reply to what the witness Lindsey said to him. This brings the case directly within the principle settled in Dent v. Chiles, 5 S. & P. 383, 392; Parker v. Goldsmith *50216 Ala. 526-28; Mahone v. Reeves, 11 Ala. 345-51; Brown v. Brown, 5 Ala. 508; St. Jobn v. O’Connell, 7 Por. 466-74. The record being silent as to what was plaintiff’s reply, we have no authority to indulge intend-ments beyond the express language of the bill of exceptions, as a foundation on which to base a reversal.
[2.] The portions of the answer of the witness Dickinson to the…
2Cases cited3 opinions
- Brown v. BrownSupreme Court of Alabama · 1843
- Parker v. GoldsmithSupreme Court of Alabama · 1849
- Mahone v. ReevesSupreme Court of Alabama · 1847
3Cited by2 opinions
- Bivens v. BrownSupreme Court of Alabama · 1861
- McGehee v. MahoneSupreme Court of Alabama · 1861