Wilkson v. Walsh's

The representations of Walsh, at the time of the sale, that the slave was sound and healthy, and nothing ailed him hut a diarrhoea, got from change of water, was relied on, and the sale made on the faith of it. It was, therefore, a warranty, or in nature of it, and if untrue, the action for damages would lie without necessity of alleging or proving a scienter, or fraud. 2 Iredell 477; 4 Iredell 238; 1 Smith’s leading cases, see note to case of Candor vs.