S. B. Bevans & Co. v. Farrell

The present action was instituted by the plaintiffs to~ recover from the defendant the price of two hundred barrels of potatoes, which, at the time of the sale, was on board of the barque Gan Eden, lying at the port of New Orleans.

The potatoes were to be taken by the purchaser, rotten or sound, as the • case might be.

Assuming that the sale of the commodity was made with a renunciation of warranty, the question for consideration is whether that renunciation is obligatory on the buyer; if it is not, it is because there has been fraud on the part of the seller. (See Article 2526, La. Code.)

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