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25 Ga. 27

Pearce v. Vaughn

Supreme Court of Georgia

Decided March 15, 1858

Supreme Court of Georgia · decided 1858-03-15

Covenant, from Spalding county. Tried before Judge Cabiness, at November Term, 1857. This was an action of covenant, by Theophilus Pearce against Lucinda Vaughn, for the recovery of damages for the breach of the warranty of soundness of a negro woman slave named Lucy, sold by defendant to plaintiff.

Decided 1858-03-15

¶1By the Court.

Benning, J.

¶2delivering the opinion.

¶3There was evidence on both sides; and that on the one side, about balanced that on the other. When this is so, there can be no reason for disturbing a judgment refusing a new trial. This Court, then, ought not to disturb the judgment of the Court below.

¶4The verdict having been for the defendant generally, the point as to whether the plaintiff, if entitled to recover at all, was entitled to recover for the maintenance of the negro, became of no practical importance.

¶5Judgment affirmed.

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