Lloyd v. Pan Air Corp.

McBRIDE, Judge.

This action, filed on December 3, 1959, was dismissed on defendant’s exception of prescription of one year and plaintiffs have appealed. The alleged facts are that on September 11, 1957, plaintiffs purchased from defendant nineteen complete but disassembled and crated Stearman aircraft (and other articles not necessary to mention) and paid therefor the purchase price of $60,000; that the vendor warranted that the fabric on fourteen of the nineteen aircraft was in sufficiently good condition to be usable; that upon receipt of the purchased equipment, plaintiffs discovered that…