Magnus v. Perkins

This is a suit to rescind the sale of a race horse known as “San Jacinto” because of an alleged redhibitory vice and for the return of the alleged purchase price of $1000.00.

There was judgment for defendant and plaintiff has appealed.

The law of the case is to be found in Art. 2620 and Art. 2521 R. C. C.:

“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.”

*7“Apparent defects,…