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50 N.C. 137

McLean v. . Waddell

Supreme Court of North Carolina

Decided December 5, 1857

Supreme Court of North Carolina · decided 1857-12-05

ActioN of covenant, tried before Bailey, J., at the last Ball Term of Cumberland Superior Court. The action was brought for a breach of a warranty of soundness in the sale of a slave. The case sent up states that the plaintiff offered in evidence a bill of sale from the defendant, dated 22d of January, 1852, in which wer efull covenants of warranty of soxmdness.

Decided 1857-12-05

Pearson, J.

¶1 A copy of the bill of sale is not sent. The *139 statement of the case sets out that it contained “full covenants of warranty of soundness.” "We are at a loss as to the meaning of the word full as here used. Possibly it means that there Avas a Avammty of soundness in all respects. But, however that may be, the defendant certainly has no right to complain of the charge. It would seem tlyit a “ temporary sickness on the day of sale,” for example, bilious fever, measles, Aidiooping cough, would amount to a breach of a full coAenant of soundness. Certainly, if a slave has a “ diseased liver,” and “ his abdomen is much enlarged,” whether the disease is chronic or not, and “ these affections impair his value,” he is unsound in the ordinary acceptation of the word ; Bell v. Jeffreys, 13 Ire. Rep. 356.

¶2 Peií CubiaM, Judgment affirmed.

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