Crook v. Garrett

Decided August 15, 1856

Supreme Court of Georgia · decided 1856-08-15

In Equity, in Walker Superior Court. Demurrer. Decided by Judge Trippe, May Term, 1856. On the 1st day of January, 1850, Edward II. Garrett hired from Leander W. Crook, guardian for John Thompson, a ■minor, a negro man Lewis, for the ensuing year, and gave Ms note to Crook for $120 50. At the time of the contract,, it was supposed by the parties that the negro was sound and in good health. In a short time, he began to show signs of’ ill health and general debility.

Decided 1856-08-15

¶1 *666By the Court.

Lumpkin, J.

¶2delivering the opinion.

¶3[1.] The judgment in this case must be affirmed, as the* bill now stands; because, it is no where alleged that the-contract of hire was rescinded by the consent of John B. Thompson, the owner of the negro. On the contrary, the-inference is, that-the slave-was taken from the possession of" Garrett to relieve him from the trouble and expense of nursing him.

¶4Under this state of the pleadings, neither the testimony of-Crook nor any other witness could have availed anything: If the complainant can amend his bill so as to state distinctly that the contract of hire ivas rescinded, and that such was the understanding and intention of the parties, the bill should.,bo sustained, for there would be equity in it.