McLean v. . Waddell

Supreme Court of North Carolina

McLean v. . Waddell

50 N.C. 137

DecidedDecember 5, 1857

StatusPublished

This text of 50 N.C. 137 (McLean v. . Waddell) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

Opinion

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.

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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.

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Bluebook (online)

50 N.C. 137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mclean-v-waddell-nc-1857.