Superior Court for Law and Equity, Mero District.
May 1808.
Parol evidence is admissible to a matter collateral to the written contract. Thus, where the defendant sold a slave to the plaintiff, and gave him a bill of sale warranting title, but not health, the plaintiff may, in an action on the case, prove that the slave was a fool, and that defendant knew it before the sale. [Acc. McFarland v. Moore, ante, 174; Vanleer v. Fain, 6 H. 104; Betts v. Demunbrune, Cooke, 39.]
Action on the Case. — The defendant sold a negro slave to the plaintiff, and gave him a bill of sale warranting the title; but there was no warranty as to the health of the slave. It was proved that she was a fool, and that the defendant knew it before the sale. This testimony however was objected to on the ground of its being verbal, and would vary the written contract or bill of sale, and to support this objection were cited Esp. N. P. 96; 4 Rep. 81; 1 Com. Dig. 228; 1 Fonb. 365; Esp. N. P. 630; Doug. 20; 1 Fonb. 364. For the plaintiff, Taylor, 17; Esp. N. P. 632; Taylor, 1; 1 Hayw. 464; 3 Bac. Ab. 166.
Per Curiam. POWELL and HUMPHREYS, JJ. —
The evidence is admissible.
Verdict for plaintiff.
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