McLean v. . Waddell , 50 N.C. 137 ( 1857 )


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  • Pearson, J.

    A copy of the bill of sale is not sent. The *139 statement of the case sets out that it contained “full covenants of warranty of soundness.” "We are at a loss as to the meaning of the word full as here used. Possibly it means that there Avas a Avammty of soundness in all respects. But, however that may be, the defendant certainly has no right to complain of the charge. It would seem tlyit a “ temporary sickness on the day of sale,” for example, bilious fever, measles, Aidiooping cough, would amount to a breach of a full coAenant of soundness. Certainly, if a slave has a “ diseased liver,” and “ his abdomen is much enlarged,” whether the disease is chronic or not, and “ these affections impair his value,” he is unsound in the ordinary acceptation of the word ; Bell v. Jeffreys, 13 Ire. Rep. 356.

    Peií CubiaM, Judgment affirmed.

Document Info

Citation Numbers: 50 N.C. 137

Judges: Pearson

Filed Date: 12/5/1857

Precedential Status: Precedential

Modified Date: 10/19/2024