Legal Opinion

Fairchild v. Bell

Supreme Court of South Carolina

Decided January 15, 1807Published

Motion for a new trial. The action was assumpsit, tried before Wilds, J., in Beaufort district. The plaintiff was a physician, who seeing, not far frbm his residence, a female negro slave, belonging to- the defendant, in the road, in a miserable condition, almost naked, shockingly beaten, and having an iron on her leg of fifteen pounds weight, was induced, from motives of humanity, to take her to his house, where she was carefully attended, clothed, nourished, and cured.

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Motion for a new trial. The action was assumpsit, tried before Wilds, J., in Beaufort district. The plaintiff was a physician, who seeing, not far frbm his residence, a female negro slave, belonging to- the defendant, in the road, in a miserable condition, almost naked, shockingly beaten, and having an iron on her leg of fifteen pounds weight, was induced, from motives of humanity, to take her to his house, where she was carefully attended, clothed, nourished, and cured. The action was to recover the amount of his account for medicine and attendance, expended on that occasion. The defendant…

1Opinion of the Court

Wilds, J.,

in charging the jury, told them that no express contract was proved, but on the contrary, an express dissent on the part of the defendant, was proved. That if the rule were universally true, that to every valid contract there must be a positive assent of both parties, it was clear the plaintiff could not recover, because the defendant had uniformly declared he would not pay the plaintiff for his services, and it appeared that he never authorized the plaintiff to perform them. But, he said, there are cases *130W^ere ^aw presume an assent, and imply a promise, even when the contrary is…

2Cases cited1 opinion

  1. Schmidt v. United InsuranceNew York Supreme Court · 1806

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