Duplichan v. Welsh Equipment Co.

DOUCET, Judge.

The issue presented is whether a fuel consumption warranty existed between the buyer and seller of a diesel engine used for the operation of an irrigation well.

Rocky Duplichan brought suit against Welsh Equipment Company, Inc. seeking a rescission of the sale and damages arising out of the purchase of a diesel engine used for the operation of an irrigation well. The suit was brought under the provisions of La.C.C. art. 2475 which reads as follows:

“The seller is bound to two principal obligations, that of delivering and that of warranting the thing which he sells.”

The plaintiff…