Viking Refrigerators, Inc. v. Winbarg.

TALIAFERRO, Judge.

Plaintiff sued upon a note for $410, less credits, given by defendant to represent the balance due on the purchase price of one 12-foot 3400 R. B. Tempter Freezer counter and coils, and to enforce the mortgage and vendor’s lien given to secure payment of the note, interest and attorney’s fees.

Defendant resists the suit on the ground that the counter and coils when purchased possessed redhibitory vices and/or defects in construction so serious in character that had their existence been known the purchase would not have been made.

Defendant conducts a mercantile business in the…