Chauvin v. La Hitte

HAMITER, Justice.

Leonard LaHitte, who conducts a business in the City of New Orleans under the name of L & L Auto Sales and is the defendant herein, prosecutes this appeal from a judgment that rescinded his sale to plaintiff, Ovide J. Chauvin, of a 1953 Studebaker automobile, condemned him to refund the paid purchase price of $2,850, and awarded plaintiff attorney’s fees in the additional sum of $400.

As is shown by his assigned written reasons the district judge found as a fact that the defendant, in making the sale to plaintiff, fraudulently represented the automobile as being “brand new”…