Barclay v. Conrad
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. This is an action instituted by the plaintiff, residing in Louisville, Kentucky, to recover of the defendants, one thousand dollars, the price of a sugar mill, delivered at their sugar plantation, in Attakapas.
Read the full summary
APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. This is an action instituted by the plaintiff, residing in Louisville, Kentucky, to recover of the defendants, one thousand dollars, the price of a sugar mill, delivered at their sugar plantation, in Attakapas. He charges, that the price of said mill was one thousand dollars, and that he proposed to one of the defendants, if they were dissatisfied with it, he would take it back, which was refused; that they have since sold said mill, for the sum of twelve hundred dollars. He prays judgment for one thousand…
1Opinion of the Court
Martin J.,
delivered the opinion of the court.
The plaintiff claims the price of a sugar mill, sold and delivered to the defendants.
They admit the delivery, but charge the plaintiff with fraud, averring that he knew the mill was inartificially constructed, and made of so bad materials that it was absolutely worthless; and being put up by the defendants, immediately after they received it, several parts of it broke off, as soon as it was put in motion ; that they were unable to make use of it, after they were at considerable expense and charges, in putting it up, and endeavoring to avail…
2Cited by3 opinions
- Louisiana Iron & Supply Co. v. GallowayLouisiana Court of Appeal · 1927
- Ferguson v. RouseoLouisiana Court of Appeal · 1920
- Stewart v. SciaccalugaLouisiana Court of Appeal · 1926