Cotton v. Cummins Engine Co.

BOUTALL, Judge.

This is a suit for redhibition or breach of warranty. From a judgment in favor of the defendants, the plaintiff has taken this appeal. We affirm.

On October 15, 1979, the plaintiff, John Cotton (“Cotton”) purchased a tractor manufactured by Kenworth Truck Company (“Kenworth”) and equipped with a Cum-mins diesel engine, from the Whitlow Truck Center, Inc. (“Whitlow”). The tractor was to be used in sand and gravel hauling and cost $50,700. Cotton took the vehicle back to Whitlow for certain minor corrections on November 5, 1979, and January 21, 1980.

In November Cotton complained…