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· 6/14/1915

Fairchild Auto Co. v. Reed

Citations

  • 12 Teiss. 351
  • 1915 La. App. LEXIS 69

Syllabus

<p>Syllabus.</p> <p>In all sales there is an implied warranty against redhibitory vices or defects.</p> <p>Such warranty can be asserted only, in an action of redhibition or diminution of the price.</p> <p>The standard oí responsibility of the vendor for hidden vices or ■defects is the difference between the pnce of sale ana the actual value of the thing sold at the time and place of delivery.</p> <p>The buyer who retains the thing sold cannot charge the vendor with the cost of repairs.</p> <p>The burden of proof is upon the buyer to establish the defects of which he complains. In the absence of such proof he must fail.</p>

Judges: Claiborne, Honor

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