John N. Hunter vs. John Brooks: Chancery Cause, Augusta County (Part 1 of 3)
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by the said Brooks, who had owned her for some years. Your orator believed his representation to be true, & but for his assurances to that effect, would not have made the purchase.
The said bill of sale was written by the said Brooks himself, & was intended to contain the like provisions with one which your Orator shewed him, to be used as a form in drafting the instrument. The one so shewn represented the property as free from all bodily impediments: & the bill of sale from said Brooks was drawn in this manner, but with the addition of the word " so far as I can see or know", which words the said Brooks stated would have the effect of going further, & bring more binding than the other bill of sale.
The said woman & child were to have been delivered in the evening of the day on which said contract was made; and if your orator went for them from his residence in Waynesborough, to the residence of said Brooks. She had gone, however, to a neighbouring house where she was attacked with fits & your orator returned without her. Your orator saw the said Brooks shortly afterwards, & stated what had occurred; whereupon he asserted that it was mere pretense on the part of said woman, & that nothing was the matter with her. Your orator complained of the disappointment to which he had been subjected, & as he was going on to the north to purchase goods, the said Brooks proposed returning to him the $200 paid as aforesaid, & your orator received it, but no adjustment occurred in relation to the contract of sale.
During your orator's absence at the north, the said woman & child were sent to his house, though without any previous understanding on the subject, between him & said Brooks.
Your orators suspicions of the unsoundness of said woman, produced by information of the cause which prevents her delivery at the time appointed, were confirmed by what he heard after his return from the north. He moreover, became satisfied that the said Brooks well knew at the time of the said contract that the said woman was diseased & subject to fits, that he had practised a fraud