Duff v. Ivy
Supreme Court of Alabama
Assumpsit in Tuscaloosa Circuit Court by A. Duff against T. Ivy, to recover damages for a breach of warranty in the sale of a negro. At September term 1828, the cause was tried. To prove that the defendant warranted the negro to be sound, the plaintiff offered in evidence a receipt in the following words. “ Received of Abraham Duff three hundred and fifty dollars in full payment for a negro named Charity, which I warrant and defend unto the said Duff.” “ THOMAS IVY.”
Read the full summary
Assumpsit in Tuscaloosa Circuit Court by A. Duff against T. Ivy, to recover damages for a breach of warranty in the sale of a negro. At September term 1828, the cause was tried. To prove that the defendant warranted the negro to be sound, the plaintiff offered in evidence a receipt in the following words. “ Received of Abraham Duff three hundred and fifty dollars in full payment for a negro named Charity, which I warrant and defend unto the said Duff.” “ THOMAS IVY.” “Teste William Caveut.” And then offered parol evidence in explanation of the instrument, to prove that it was the intention of…
1Opinion of the Court
By JUDGE CRENSHAW.
Three important questions naturally arise in the consideration of this case. 1st: Does the warranty contained in the bill of sale extend to the soundness as well as title of the negro Charity. 2nd: If it extends to the title only, was parol evidence admissible to prove that the parlies intended also to warrant the soundness. 3rd: Could the purchase money paid for her be recovered back under the common count for money had and received. In examining the subject I shall commence with the first proposition, the affirmative of which I hold to be true.
In ancient times the words “I…
2Cited by6 opinions
- Bush v. BradfordSupreme Court of Alabama · 1849
- Livingston v. ArringtonSupreme Court of Alabama · 1856
- Ward v. Check Into Cash of Alabama, LLCCourt of Civil Appeals of Alabama · 2007
- Davis v. LassiterSupreme Court of Alabama · 1852
- Wynn, Shannon & Co. v. CoxSupreme Court of Georgia · 1848
1 more not listed; retrieve them via the Exa API.