Stayton v. Morris

4 Del. 357

• Court: Superior Court of Delaware
• Decided: July 5, 1846
• Status: Published

Opinion

By the Court:

Booth, Chief Justice.

—The want or failure of consideration cannot be set up against a specialty. Being under the party’s seal, it is conclusive evidence of a sufficient consideration. Therefore, to-avoid a bond or other specialty the defendant must show either fraud in the execution, or a want of due execution or delivery of the-instrument; or that the subject matter or consideration is forbidden by statute or by the common law; or is against good morals or the general policy of the law; or that the specialty was obtained by duress; or that the party was incapable of executing it, by reason of infancy, coverture, incompetency of mind, or drunkeness.

But the breach of a warranty as to the quality of goods sold, cannot be pleaded in discharge of a bond; nor can any paroi declarations or representations, however false or fraudulent, as to the quality of an article sold, for the price of which the bond was given», be pleaded or given in evidence in a court of law, to avoid a specialty.

Judgment for plaintiff on the demurrer.