Wallis v. Frazier

Decided November 15, 1819

Supreme Court of South Carolina · decided 1819-11-15

ThIS was a special assumpsit on a warranty of soundness of a negro. On the trial, a written warranty, not under seal, was produced by the plaintiff. The defendants counsel moved for a nonsuit, on the ground that the warranty should have been stated to have been in writing. For this supposed defect in the declaration, the Presiding Judge, (Mr. Justice Johnson,J granted a nonsuit. The case was tried at Columbia, October Term, 1819.

Decided 1819-11-15

Mr. Justice Gantt

¶1delivered the opinion of the Court.

¶2The motion has been ably supported by authorities, arhich show that such statement is unnecessary. (See Rann vs. Hughes, 7 Term Rep. 346. 1 Sound. 211.)

¶3The nonsuit is therefore set aside, and. the cause ordered to be reinstated on the docket.

Justices Colcock, Noit, Richardson and Johnson, concurred.