McLean v. . Waddell

Supreme Court of North Carolina
McLean v. . Waddell, 50 N.C. 137 (N.C. 1857)
Pearson

McLean v. . Waddell

Opinion of the Court

Pearson, J.

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.

Peií CubiaM, Judgment affirmed.

Reference

Full Case Name
James McLean v. . Thomas Waddill.
Status
Published