Edwards v. Plaquemine Ice & Gold Storage Co.
Supreme Court of Louisiana
APPEAL from the Fourteenth District Gourt, Parish of Iberville. Talbot, J. The evidence shows full compliance with the contract. Defendant can not claim more than specified in resolution of May 21,1891, which was carried out. Defendant having operated plant for eighteen months, burden of proof is upon it to show defective character of machinery and fair usage in its hands. 40AH.112 Whitney Iron Works vs. Reuss.
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APPEAL from the Fourteenth District Gourt, Parish of Iberville. Talbot, J. The evidence shows full compliance with the contract. Defendant can not claim more than specified in resolution of May 21,1891, which was carried out. Defendant having operated plant for eighteen months, burden of proof is upon it to show defective character of machinery and fair usage in its hands. 40AH.112 Whitney Iron Works vs. Reuss. Defendant having accepted partial delivery can not subsequently complain that the goods were not m conformity with contract. 38 An. 773, Enders vs. G-ingres. A party accepting work…
1Opinion of the Court
*362The opinion of the court was delivered by
Miller, J.
The plaintiffs, as assignees of John S. Moore and C. W. Knight, brought suit in the lower court to recover the balance claimed to be due by the defendant company on a contract of Moore & Knight to deliver and erect an ice manufacturing machine with all fittings and appurtenances. The defendant excepted that by the terms of the contract no suit could be brought until the manufacture of ice had commenced, and it was proven that the machine could manufacture ten tons of ice daily, the exception insisting the machine had never demonstrated this…
2Cited by8 opinions
- J. B. Beaird Co. v. Burris Bros.Supreme Court of Louisiana · 1949
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- Pere v. DalgarnLouisiana Court of Appeal · 1926
- Holcomb & Hoke Mfg. Co. v. TheodoraLouisiana Court of Appeal · 1925
- Standard Motors Finance Co. v. Yellow Bayou Gin & Planting Co.Louisiana Court of Appeal · 1925
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