Plant v. Condit
Supreme Court of Arkansas
Appeal from White Circuit Court. Hon. William C. Bevens, Circuit Judge. Appellant, by the form of action adopted, affirmed the contract, and sought to reeove4r the damages resulting from the deceit. Consequently an offer to return the slave was not necessary.
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Appeal from White Circuit Court. Hon. William C. Bevens, Circuit Judge. Appellant, by the form of action adopted, affirmed the contract, and sought to reeove4r the damages resulting from the deceit. Consequently an offer to return the slave was not necessary. Johnson & Grimes vs. McDaniel 15 Ark. 117. A purchaier is never bound to return the subject of the purchase, unless required to do so by the stipulations of the contract, or unless he wishes to disaffirm the contract, and recover back the money he has paid. 12 Wendell Rep. 570. It is immaterial whether appellee, when he affirmed that…
1Opinion of the CourtChief Justice English
Plant, the plaintiff in error, brought an action on the case against Condit, the defendant, for false warranty and deceit in an exchange of slaves.
The declaration contained five counts. The first and second counts alleged a false warranty of the soundness of a slave named Daniel, which the plaintiff received of the defendant in exchange for a woman. The other counts alleged false and fraudulent representations by the defendant in relation to the soundness of Daniel.
The cause was tried on the general issue, a verdict for the defendant, and a motion for a new trial overruled.
The court gave…
2Cases cited6 opinions
- Whitney v. AllaireNew York Supreme Court · 1847
- McKee v. StateSupreme Court of Alabama · 1886
- Ward v. ReynoldsSupreme Court of Alabama · 1858
- Withers v. GreeneSupreme Court of the United States · 1850
- Desha's Exrs. v. RobinsonSupreme Court of Arkansas · 1856
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3Cited by7 opinions
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