This was a convenant upon a warranty of the soundness of a slave. Plaintiff excepts to the charge, in reference to the damages. But the question intended to be raised is not presented, and is put out of the case and made wholly immaterial by a verdict in favor of the defendant. The charge in reference to soundness is not excepted to, and the jury find for the defendant; thereby, in effect, finding that the slave was not unsound.
This very point was decided at last term, Gant v. Hunsucker,
PER CURIAM. No error.
(459)