M'farlane v. Moore
Tennessee Superior Court for Law and Equity
Rule for new trial. This was an action upon the case, plea non assumpsit. M’Farlane, had purchased a negro woman of the defendant, for a full price and took a bill of sale warranting the property of the negro. This was an action upon the case, in the nature deceit, for that the defendant assumed upon himself that the negro was sound, when in fact she was not.
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Rule for new trial. This was an action upon the case, plea non assumpsit. M’Farlane, had purchased a negro woman of the defendant, for a full price and took a bill of sale warranting the property of the negro. This was an action upon the case, in the nature deceit, for that the defendant assumed upon himself that the negro was sound, when in fact she was not. The evidence shewed that the negro had been in a sickly state before the plaintiff purchased her; and that the defendant knew that she had been unwell. Doctor Irvin a witness for the plaintiff, proved that he had been called to the negro…
1Opinion of the Court
Overton, j.
The questions for the consideration of the jury were first, whether there was a defect in the property sold. Secondly, if a defect existed was it a material one. Thirdly, did the defendant know of the defect before the sale. They found all these facts in favour of the plaintiff, and have assessed his damages, to the value of the negro. It has been objected that parol proof has been improperly received; that the whole extent of the contract is embraced by the bill of sale: and nothing can be implied or presumed. The proposition in the manner in which it is laid down, cannot be…
2Cases cited1 opinion
- Defreeze v. TrumperNew York Supreme Court · 1806
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- Texas Tunneling Company v. City of Chattanooga, Tenn.District Court, E.D. Tennessee · 1962
- Self v. HarmonTennessee Supreme Court · 1858
- Ensor v. BolgianoCourt of Appeals of Maryland · 1887
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