George v. Shreveport Cotton Oil Co.

Citations

• 114 La. 498
• 38 So. 432
• 1905 La. LEXIS 495

Syllabus

<p>PRESCRIPTION — ACTION QUANTI MINORIS — DAMAGES— SALE — MANUFACTURED ARTICLES.</p> <p>1. An action quanti minoris, which, by reason of its facts, falls under the provisions of article 2545 of the Civil Code, is governed by the special rule as to prescription which is laid down in that article.</p> <p>2. While a vendee who has sold the things which he purchased has disabled himself from bringing a redhibitory action, he may still have relief in an action quanti minoris; and in such an action he can claim and recover damages from his vendor, if he knew of the vices of the things he sold, but omitted to declare them. He is, however, controlled as to such demand by the conditions, rules, and limitations of the action quanti minoris.</p> <p>3. A manufacturer who disposes of the things which he has manufactured is properly and legitimately held presumptively to a knowledge of the qualities of the things he sells.</p> <p>Monroe and Provosty, JJ., dissenting.</p> <p>(Syllabus by the Court.)</p>