Bonzano v. Auze

The plaintiff sues to recover the sum of $383 70, the alleged difference betw'een the sample and the rice purchased by him from the defendant, and also for charges, insurance, cooperage, interest and broker’s commission.

*189The sale having been perfected by delivery, the plaintiff’s remedy, in case the thing' sold contained redhibitory vices or defects as merely diminished its value, was to resort either to the action of redhibition or to the action for a diminution of price. 0. 0. 2496, 2519, 2520.

The plaintiff having disposed of the rice which he purchased from the defendant, resorted to the…