18 La. Ann. 118 | La. | 1866
This is a redhibitory action, instituted by the plaintiff to rescind the sale of a slave named Coleman, fully warranted in the act of sale, and to recover back the price paid for him.
The answer is a general denial.
The verdict of the jury who tried the case, and the judgment of the Court, were in favor of the plaintiff; and the defendant has appealed.
No tender of the slave to the seller was ever made ; and this is urged by the defendant as fatal to the plaintiff’s right to prosecute his present -action.
The sale was made on the 19th June, 1860, and the slave died on the 8th October next following, of the same disease with which he was affected at the time of the sale.
In the case of Lewis v. Morgan, 14 A. 401, it is not shown that the slave was dead when suit was instituted.
We think, under the circumstances of this case, the want of tender cannot be invoked against the plaintiff to defeat his action, and this ÍS' the only ground relied on.
It is therefore ordered, adjudged and decreed, that the judgment of the-lower Court be affirmed, with costs of appeal to be paid by the appellant.