Summary: | Reddick, as executor of the will of Simon Stallings, was being pursued by one of Stallings's creditors. To pay off Stallings's debt, Reddick offered for sale one of Stallings's slaves. At auction this slave was bought by Trotman and delivered to him; but on his refusing to pay, Trotman agreed with Reddick that the slave should be lodged at Reddick's house until the money was forthcoming. Reddick subsequently called on Trotman to offer the slave if the money was paid, whereupon Trotman disclaimed all right to and interest in the slave. To settle Stallings's debt, Reddick then offered the slave for sale by the sheriff, who auctioned him off and received a price 70 dollars short of that which Trotman had agreed to pay. Reddick sued Trotman to recover this difference, and the case was sent to the Supreme Court. The court determined that by agreeing to take the slave home when Trotman had first refused to pay, and by subsequently enjoining the sheriff to sell the slave before beginning his pursuit of Trotman through the courts, Reddick had consented to rescind the contract of sale he had had with Trotman. Verdict for the defendant.
|