Andry v. Foy
Supreme Court of Louisiana
. In this case, the court pronounced judgment, at June term. See the preceding volume. Mazur eau, on an application for a re hearing.
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. In this case, the court pronounced judgment, at June term. See the preceding volume. Mazur eau, on an application for a re hearing. The first question to be decided between the parties was : Is the defendant by the manner in which the sale was made, under the circumstances disclosed by the testimony and after the plaintiffs’ own allegations, bound to warrant the redhibitory vices ? The court in examining this question lay it dówu as a principle of law, susceptible of no exception, that the vendor must be ignorant of the existence of the vice or disclose it to the vendee, to exclude the…
1Opinion of the CourtMartin, J.
At the request of the defendant, a rehearing has been liad, in this case, on the question whether Horace and Boucaud, two of the slaves sold by the defendant to the plaintiffs, were really in the habit of running away, at the time of the sale, .so as to entitle the plaintiffs to their redhibitory action.
The fact was found, against the defendant, by the jury, in the parish court, and although this circumstance is not conclusive on the appeal, It cannot fail to have some weight.
Horace was purchased by the defendant irt March 1818, and his vendor then expressly ex-eluded the legal warranty…
2Cases cited1 opinion
- Macarty v. BagnieresSupreme Court of Louisiana · 1810