Janin v. Franklin

The facts are stated in the opinion of the court, delivered by

Martin, J.

The plaintiff is appellant from a judgement of nonsuit, the first judge having been of opinion that in an action f°r the rescission of the sale of a slave, on the grounds of his being without the qualifications, which he had been stated to ° . „ , - , . , , possess in the bill of sale, and which were the principal inducement which determined the vendee to purchase, a tender of the slave must be proven.

We think the district judge did not err. Till the vendee offers to return the slave, he cannot have an action for the…