Ledoux v. Armor
Supreme Court of Louisiana
Appeal from the Commercial Court of New Orleans, Watts, J. Plaintiffs purchased from the defendant a number of coils of bale rope, a part of which proving to be of an inferior quality, or materially damaged, they instituted the present action to obtain a rescission of the sale; and the only question presented by the record is, whether, in consequence of the bad quality of a part of the coils, the vendees have a right to rescind the whole contract.
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Appeal from the Commercial Court of New Orleans, Watts, J. Plaintiffs purchased from the defendant a number of coils of bale rope, a part of which proving to be of an inferior quality, or materially damaged, they instituted the present action to obtain a rescission of the sale; and the only question presented by the record is, whether, in consequence of the bad quality of a part of the coils, the vendees have a right to rescind the whole contract. The judge below thought not, and from his decision the plaintiffs have appealed. The evidence offered by plaintiffs to prove the commercial usage…
1Opinion of the CourtMorphy, J.
The petitioners seek to rescind the sale of 401 coils of bale rope, which they bought of the defendant on the 2d of September, 1840, at the rate of twelve and one-half cents per pound, making a sum of $5,872 62, for which they gave their two promissory notes of $2,936 31 each, payable four months after *383date. They represent, in substance, that the rope was bought upon a sample of it left by the defendant at the’store of Layet &c Amelung, his agents. That shortly after their purchase, they sent a few coils of this rope to some of their friends and customers in the country, but that the same was…
2Cases cited3 opinions
- Daquin v. CoironSupreme Court of Louisiana · 1832
- Canfield v. VaughanSupreme Court of Louisiana · 1820
- Clark v. GiffordSupreme Court of Louisiana · 1835
3Cited by6 opinions
- State v. Standard Oil Co. of LouisianaSupreme Court of Louisiana · 1937
- George v. Shreveport Cotton Oil Co.Supreme Court of Louisiana · 1905
- Woodward Wight Co., Limited v. CotonioLouisiana Court of Appeal · 1934
- Madere v. SharpSupreme Court of Louisiana · 1956
- McDermott v. CannonSupreme Court of Louisiana · 1859
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