Parker v. Brashaer
Supreme Court of Louisiana
APPEAL PROM THE COURT OF THE FIFTH DISTRICT, FOR THE PARISH OF ST. MARY, THE JUDGE OF THE SIXTH PRESIDING. This is an action on account, against W. Brashear, and Robert R. Barr, for machinery, and delivered to them, to be used on their sugar estate in Attakapas.
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APPEAL PROM THE COURT OF THE FIFTH DISTRICT, FOR THE PARISH OF ST. MARY, THE JUDGE OF THE SIXTH PRESIDING. This is an action on account, against W. Brashear, and Robert R. Barr, for machinery, and delivered to them, to be used on their sugar estate in Attakapas. The defendants pleaded a general denial, and averred that four boxes of the machinery was ordered according to a model furnished, which was not followed, and in consequence the machinery was rendered useless, not fitting the works for which they were intended. The defendants pray for experts to examine the machinery and model, and…
1Opinion of the CourtMartin, J.
The plaintiff seeks payment for sundry articles of machinery, made in his iron foundry for the defendants. The latter pleaded the general issue, and that the machinery was not made according to a model given the plaintiff, and was otherwise defective.
During the pendency of the suit, defendant, Barr, died; and there was judgment against the defendant Brashear, and the representatives of Barr. Brashear alone appealed.
Our attention is first arrested by a bill of exception, taken to the reading of a deposition, on the ground that the magistrate who received it, did not annex it to the process…
2Cited by4 opinions
- Champagne v. Southern Farm Bureau Cas. Ins. Co.Louisiana Court of Appeal · 1965
- Succession of BeauregardSupreme Court of Louisiana · 1897
- Rudy v. HardingSupreme Court of Louisiana · 1843
- Stewart v. CaldwellSupreme Court of Louisiana · 1854