E.P. Services, Inc. v. Winnebago Industries
Louisiana Court of Appeal
1DissentCrain, J.
11 Redhibition is the avoidance of a sale on account of some vice or defect in the thing sold which renders it either absolutely useless, or its use so inconvenient and imperfect, that it must be supposed that the buyer would not have purchased it had he known of the vice. La. Civ.Code art. 2520. As a condition precedent to rescission, a good faith seller must be given the opportunity to repair the defect. La. Civ. Code art. 2531. A manufacturer is presumed to know of the defects in the things it sells, and therefore can never be in good faith, and is not entitled to the opportunity to…
2Cases cited11 opinions
- O.K. Realty Co. v. John A. Juliani, Inc.Louisiana Court of Appeal · 1924
- Nee v. N. O. Public Service, Inc.Louisiana Court of Appeal · 1929
- Prince v. Paretti Pontiac Company, Inc.Supreme Court of Louisiana · 1973
- Young v. Ford Motor Co., Inc.Supreme Court of Louisiana · 1992
- Rodney v. All Star Ford, Inc.Louisiana Court of Appeal · 1992
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