Julius C. Wolf Co. v. Fitzpatrick & Co.

Citations

• 12 Teiss. 194
• 1915 La. App. LEXIS 27

Syllabus

<p>Syllabus.</p> <p>The purchaser sued for the price of sale of movables is always in time to claim a reduction of the price for latent defects in the thing sold.</p> <p>A purchaser who buys goods in such a manner as to lead the vendor to believe that he will pay for them in cash will not be allowed afterwards to set up the price,he owes in compensation of a debt due to him by his vendor.</p> <p>Compensation will nob take; place when the claim urged by the defendant against that of plaintiff is not equally liquidated and demandable. .</p> <p>The judgment on the main demand is reversed, and that on the demand in compensation is affirmed and amended.</p> <p>Syllabus.</p> <p>A creditor of the individual members of a partnership cannot compensate his claim against the debt due by him to the partnership.</p> <p>Parole evidence is not admissible to prove that a new partnership has promised to pay the debt of a former one.</p>