Legal Opinion

Continental-Emsco Co. v. D & D Drilling Co.

Louisiana Court of Appeal

Decided July 27, 1967No. 2085PublishedCited by 4 opinions

1Opinion of the Court

TATE, Judge.

This is a suit on an open account. The plaintiff (Emsco) sues for $1714. for repairs made by it on a pump owned by the defendant (Dean). Dean appeals from judgment awarding Emsco the amount claimed.

By his appeal, Dean contends: (1) the repairs were made to repair an original defect in the pump (which had been manufactured by Emsco), so therefore Dean, as purchaser of the defective pump, is not liable; (2) the trial court erred in rejecting Dean’s reconventional demand for the cost of replacing the pump’s pinion shaft, which broke subsequent to the repairs by Emsco for which…

2Cases cited4 opinions

  1. J. B. Beaird Co. v. Burris Bros.Supreme Court of Louisiana · 1949
  2. Rapides Grocery Co. v. CloptonSupreme Court of Louisiana · 1930
  3. Crowley Grain Drier, Inc. v. FontenotLouisiana Court of Appeal · 1961
  4. Charter Co. v. MercanteLouisiana Court of Appeal · 1966

3Cited by4 opinions

  1. Austin v. North American Forest ProductsCourt of Appeals for the Fifth Circuit · 1981
  2. Jack Austin, D/B/A Jack Austin & Associates, Cross v. North American Forest Products, Cross-Appellants, and Glassow Sales Co., Cross-Appellant and Cross-Appellee v. Lifetime Doors, Inc., Cross-Appellee and Cross-AppellantCourt of Appeals for the Fifth Circuit · 1981
  3. D. H. Holmes Co. v. SmithLouisiana Court of Appeal · 1970
  4. Rogers v. Labarama, Inc.Louisiana Court of Appeal · 1970

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