Bigman v. Lorio

Citations

• 135 La. 285
• 65 So. 266
• 1914 La. LEXIS 1765

Syllabus

<p>(Syllabus- by the Court.) -</p> <p>1. Sales (§ 266*) — Implied Warranty.</p> <p>A contract for the purchase of sugar cane, at a sound price, entitles the purchaser to a sound article.</p> <p>[Ed. Note. — Eor other cases, see Sales, Cent. Dig. §§ 743, 746, 747, 754^-759; Dec. Dig. § 266.*]</p> <p>2. Sales (§§ 284, 288*.) — Implied Warranty —Breach—Remedy oe Buyer — Estoppel.</p> <p>There seem to be three ways of determining whether sugar cane which has been frozen has become sour; the one, by splitting and tasting it, another by chemical analysis of the juice, and the third, by attempting to make sugar of it, and the fact that cane offered, under contract, may stand the test first mentioned, which is, at best, uncertain, does not preclude the purchaser from invoking the other tests¡ or disentitle him to have his rights determined thereby; nor does the fact that he offers a reduced price for cane, instead of rejecting it entirely as unsound, justify the conclusion that it is sound, and should be accepted at the contract price for sound cane.</p> <p>[Ed. Note. — For other cases, see Sales, Cent. Dig. §§ 803-805, 817-823; Dee. Dig. §§ 284, 288.*]</p>