Rocchi v. Schwabacher
Supreme Court of Louisiana
APPEAL from the Sixth District Court for the parish of Orleans. Bightor, J - First — Plaintiff never bad any view of the article sold. Defendants knew that the lard was not merchantable. Second — Article 2501, K. C. C., does not comprise such defects as are concealed by reason of the thing purchased being in a box, barrel or package. 7 An. 243; 5 Kob. 217; 3 An. 445; 10 Kob. 5. Third — As to provisions, vendor represents them as sound and wholesome.
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APPEAL from the Sixth District Court for the parish of Orleans. Bightor, J - First — Plaintiff never bad any view of the article sold. Defendants knew that the lard was not merchantable. Second — Article 2501, K. C. C., does not comprise such defects as are concealed by reason of the thing purchased being in a box, barrel or package. 7 An. 243; 5 Kob. 217; 3 An. 445; 10 Kob. 5. Third — As to provisions, vendor represents them as sound and wholesome. Addison Contracts, vol 2, p. 211, § 616. Warranty of kind and quality, as far as it goes. 6 Taunton, 446; 2 Marsh, 141 S. C.; 9 Metcalf, 83 ; 2…
1Opinion of the Court
The opinion of the Court was delivered by
Poché, J.
Plaintiff seeks to recover $10,129 68, as damages alleged to have been occasioned to him by the defendants, in the following transaction :
That in January and February, 1875, plaintiff bought from defendants some 539 tierces of lard, at various prices, which lard he shipped for sale, to the city of Hamburg, in Germany, where 512 tierces of said lard were, on inspection, found of so inferior a quality as to be unmerchantable for cooking purposes, and were sold at public auction for much less than the purchase price thereof, the whole resulting…
2Cited by18 opinions
- White v. Lamar Realty, Inc.Louisiana Court of Appeal · 1974
- Overby v. BeachSupreme Court of Louisiana · 1951
- Overby v. BeachSupreme Court of Louisiana · 1951
- Carpenter v. SkinnerSupreme Court of Louisiana · 1954
- La Croix v. RecknagelSupreme Court of Louisiana · 1956
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