Wooten v. Calahan
Supreme Court of Georgia
Action for deceit, in Floyd Superior Court. Tried before' Judge Dennis F. Hammond, at the January Term, 1,861. On the 29th day of January, 1853, Wooten & Goolsby sold to Absalom Callahan a negro woman named Fanny, about twenty years old, and gave a bill of sale, warranting the title to the negro. The negro woman died in about one week after the trade.
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Action for deceit, in Floyd Superior Court. Tried before' Judge Dennis F. Hammond, at the January Term, 1,861. On the 29th day of January, 1853, Wooten & Goolsby sold to Absalom Callahan a negro woman named Fanny, about twenty years old, and gave a bill of sale, warranting the title to the negro. The negro woman died in about one week after the trade. Calahan instituted an action for deceit, against Wooten & Goolsby, alleging that he paid them $775 00 for the negro woman, and that they warranted her to be sound and healthy in body, and free from disease, except a cold, of which she was then…
1Opinion of the Court
By the Court.
Lyon, J.,
delivering the opinion.
This was an action for damages, that the plaintiff therein alleges he sustained, by reason of the deceit and misrepresentation practised by the defendants upon him, in the sale of a negro woman named Fanny, in this, that the defendants represented the negro to be sound, when she was not sound, *386but was afflicted with a disease of which she subsequently died.
1. To charge one with damages resulting from representations of this character, it must appear that the representation was false to the knowledge of the party making it, or that the…
2Cases cited1 opinion
- Wootten & Goolsby v. CallahanSupreme Court of Georgia · 1858
3Cited by12 opinions
- Bill Spreen Toyota, Inc. v. JenquinCourt of Appeals of Georgia · 1982
- Penn Mutual Life Insurance v. TaggartCourt of Appeals of Georgia · 1928
- Bivins v. TuckerCourt of Appeals of Georgia · 1930
- Cosby v. AsherCourt of Appeals of Georgia · 1947
- Aderhold v. ZimmerCourt of Appeals of Georgia · 1952
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