498 HIGH COURT OF CHANCERY.
at seven hundred and fifty dollars; and that they were of sound
and healthful constitutions, when they were radically and per-
manently diseased. The complainant stated, that the negfoes
had been of very little service to him, requiring frequent care
and medical attendance, and that one of them, an infant, died
before the bill was filed; and that as soon as he ascertained.
their unhealthy condition, which was about a month after the
sale, he applied, without success, to the defendants to take
them back, and to return the securities given for the payment of
the purchase money,consisting of certain single bills by him
assigned to them.
The bill prayed that the sale might be vacated as fraudulent,
and the administrators restrained by injunction from assigning
or collecting, and the makers from paying, the single bills
given by the complainant for the purchase money; which in-
junction was granted by the Chancellor.
The answer denied most of the averments of the bill, and
testimony was taken under a commission, the effect of which
is stated by the Chancellor; who, after hearing the arguments
of counsel, delivered the following opinion:]
THE CHANCELLOR :
The case has been fully and very well discussed at the bar;
and the court has bestowed upon it all the reflection which its
importance and the considerations connected with it require.
That the negroes were diseased prior to, and at the time of
the sale, and since; and that the price paid for them greatly
exceeded their value, has, I think, been incontestibly estab-
lished by the proof. And it is also clearly shown, that the
complainant purchased them under the erroneous impression
that they were sound and healthy negroes; the price being a
full one for slaves of that description.
And hence, in my judgment, it follows, that justice requires
the recision of the contract of purchase, unless it appears that
the complainant, by some act of commission or omission on
his part, has forfeited his title to relief; or unless it can be
shown, that blindly relying upon his own judgment, he made
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