
    Columbia, November Term, 1812.
    Furlough Thompson vs. James Lindsay.
    Pickens & Farrow, for the Motion.
    
    Taylor, Contra.
    
    A sound price warrants a sound commodi-tjr; but, if the parties expressly agree that the buj er shall take the property at his own risk, the vendor will not be answerable for unsound-
    Case from Pendleton Dist. Nov. 1812.
    Motion to reverse a decree on Sum. Pro. on a note of hand given for a hogshead of tobacco; weight, 1200 lbs. at S3 per cwt. say, S36.
    On this note there was a memorandum, that the defendant should take it at his own risque. The defendant, after the tobacco was delivered, sent it to Charleston, where it turned out good for nothing. A discount was set up by the defendant, for the carriage of this tobacco to Charleston, which was refused by judge Nott, who gave a decree for the amount.
   Bay, J.

It is a well established rule of law, that a sound price requires a sound commodity. But if a man with his eyes open, and well aware of this rule of law, will go and make a bargain, and buy an article at all risques, he has himself to blame, and must take the consequences. I am against opening the decree.

Justices Brevard, Grimke, Nott, and Col- . cock, concurred.  