10 Johns. 484
Decided October 15, 1813
New York Supreme Court · decided 1813-10-15
THIS was an action of covenant. The plaintiff declared ore a bill of sale, by which the defendant, in consideration of 175 dollars, granted, bargained and sold to the plaintiff, “ a negro woman slave, named Sarah, aged about thirty years, being of sound wind and limb, and free from all disease,” to have and to hold, &c. And the defendant, by the same instrument, covenanted to warrant and defend the slave, so sold to the plaintiff, against the defendant arid all other persons.
Decided 1813-10-15
¶1The words in the bill of sale, “ being of sound wind and limb, and free from all disease,” arc an averment of a fact, and import an agreement to that effect. The words were not used as a mere description of the slave; they amount to an express, not an implied, covenant; to a warranty of the soundness of tlfe slave. The plaintiff is, therefore, entitled to judgment.
¶2Judgment for the plaintiff