Lindsey v. Bland

Citations

• 29 S.C.L. 30

Syllabus

<p>1. Defendant purchased two negroes at the estate sale of plaintiff’s intestate. The contract, as proved, was that a note was to be given for the price, payable at a future time. The property went into defendant’s possession immediately, but the note was not given; and a few months after the sale, when it was applied for by the administrator, the defendant refused it, alleging that the negroes were unsound. In an action brought for the price, the defence, as to one of the negroes, failed entirely, and upon the testimony adduced, the jury found a verdict for the whole amount of the sale with interest. The declaration contained nothing more than a count for negroes sold and delivered, there being no count for interest, nor any setting out the promise and refusal to give the note. Plaintiff entitled to retain his verdict as well for the interest (*) as the price. See Marshall vs. Poole, 13 East, 97; Stack vs. Lowell, 3 Taunton, 157.</p>