Union Enterprises, Inc. v. Brown

GLADNEY, Judge.

Suit was instituted on a promissory note with attached chattel mortgage executed by defendant as consideration for two refrigerated display cases purchased from Super-Cold Southwest Company in May of 1954. The note and mortgage were purchased by plaintiff on August 12, 1955. Defendant, by reconventional demand alleging redhibi-tory vices of the equipment, sought rescission of the sale and, alternatively, requested damages for food spoilage and repair bills occasioned by the equipment’s failure to function as represented by the vendor. The lower court sustained pleas of…