
    James D. Lyles v. Robert Bass.
    The defendant, a free colored man^ purchased an unsound slave who had been his wife, at a price greater than her sound value, although well aware of her unsoundness, and warned of it by the owner. It was a binding contract, and the verdict of a jury to the contrary was not sent back.
    Before Gantt, J., at Marion, Fall Term, 1839.
    Assumpsit, on a sealed note, given for the purchase of a female slave, named Doll. She had been the wife of the defendant, a free man of color, and had been separated from him by her master, Lyles, who carried her away into North Carolina. The defendant went to North Carolina to purchase her. ' Lyles told him she was very sick — that she was unsound, and he had better not buy her; but he said it was his own look out, she was his wife. Lyles then told him that, if she died before she left there, he should not pay for her; and the bargain was completed by the defendant giving his notes for five hundred dollars. At the time of purchase, and long before, Doll was obviously very ill — altogether unfit for service, and of no pecuniary value. She afterwards declined constantly till she died. When sound, she had been appraised at one hundred dollars and offered for sale for three hundred dollars. Bass was a man slow of apprehension, and easily imposed upon.
    Verdict for the defendant.
    The plaintiff appealed from this verdict, as contrary to law and to the evidence.
   Curia, per Richardson, J.

This case furnishes an instance in which the Court must order a reconsideration of the evidence by the jury. At the time of the purchase, Lyles told Bass that Doll “was unsound; “that she was very sick,” and “that he had better not buy her.” But Bass replied, “it was his own look out, that she was his wife.” Lyles then said, “ If Doll died before she left there,” (his house in North Carolina,) “Bass should not pay for her.” But besides the positive evidence to this effect, Bass knew Doll well. Under such circumstances every man must stand to his own determination, as was observed by the Court in the case of Williams v. Vance, (Dudley R. 97.) Bass’s determination was to give a very high price for a very sickly slave, in order to continue her as his wife. It may have been a bad bargain to Bass. But the office of this Court is to enforce contracts, not to make them, and we cannot deprive Lyles of his good bargain where there appears to have been no concealment or fraud. He may have rigidly exacted a high, price, yet it is a binding contract, when openly and fairly made. And a man who purchases property for his personal gratification, must pay the price agreed on. As Bass said, at the time of the bargain, “ it was his own look out— Doll was his wife.”

See next case. Also 1 Ricli. 48. An.

Harlee, for the motion;

Bailey, contra.

This is the true law of the case, and he must take the consequences of his bargain, as he plainly understood it.

Butler and Earle, JJ., concurred.  