Fee v. Sentell

Citations

• 52 La. Ann. 1957

Syllabus

<p>Syllabus.</p> <p>1. It not appearing that the rights oí any one have been prejudiced by an order of consolidation, on the grounds alleged, said order will not be set aside and the case remanded</p> <p>2. Grounds of exceptions having been made part of the answer, and having been, in consequence, treated as an answer by the court a qua, afford no reason to set aside the verdict of the jury and the decree of the court.</p> <p>On ti-ie Mebits.</p> <p>1. Unless warranty is waived, the vendor warrants the thing sold as fit for the purpose intended.</p> <p>2. The vendee is not entitled to an action quantum minoris for defects discoverable on mere inspection.</p> <p>3. It being understood in conversations had after tl.e sale that the vendee would llave the machinery erected, and that the price unpaid was to be security for the defects, held, that these conversations Contemplated the' nondiscernable defects and not those which were apparent and of which the vendee must have had- knowledge.</p> <p>4. Separate parts of the machinery had to be tested before defects could, be discerned. During the test, two of these machines broke and the third showed that it was of very little value, if any. The court holds that, as to these, vendee is entitled to a diminution of the price.</p> <p>5. Their value not being sufficiently shown by the 'testimony, the case is remanded to the District Court to have the value of these machines determined.</p>