2 La. Ann. 955 | La. | 1847
The judgment of the court was pronounced -by
This is a redhibitory action instituted to recover the price of a slave, who the defendant alleges was affected, at the -time he purchased him of the defendant, with an incurable disease. A judgment was rendered in the court below in favor of the defendant, and the plaintiff has appealed.
The evidence does not in our opinion fix with sufficient certainty the date when the complaint of which the slave died commenced to authorise a recoyery. The plaintiff purchased the slave on the 30th of December, 1336. Between the 5th and 10th of January following, the slave reported himself as being sick. His disease was then diarrhoea, for which he was treated. A short time after, he appears to have so far recovered as to return to his usual work, at which he continued for several weeks, when he was again found to-be unfit for service, and withdrawn by the plaintiff, in whose possession he remained until June, 1.837.
But apart from the 'merits as depending upqn the testimony, no offer of the plainfiff to retjjrn tile slave has been either alleged or proved.
Judgment affirmed.
Rost, J., did not sit on the trial of this ease,
This action was instituted on the 15 June, 1837.