Dunbar-Dukate Co. v. Martin Fountain & Co.

This is a suit in which plaintiff seeks the rescission of a contract for the sale of merchandise and the restitution of the purchase price and freight charges paid. The defense is a denial of any defects in the goods sold and a plea that plaintiff is estopped by its acceptance of the merchandise after inspection. There-was judgment in the court below for plaintiff, and defendant has appealed.

The parties litigant are Louisiana corporations engaged in the business of canning and packing shrimp and oysters, owning plants at various points along the Gulf Coast in Louisiana and Mississippi. One of…