Payne & Joubert v. Bowie Lumber Co.

Citations

• 117 La. 107
• 41 So. 431
• 1906 La. LEXIS 652

Syllabus

<p>1. Sale — Guaranty — Compliance with Teems.</p> <p>Where a mechanical apparatus. is guarantied, on a certain condition, the condition must be complied with in order to enforce the guaranty.</p> <p>[Ed. Note. — For cases in point, see vol. 43, Cent. Dig. Sales, §§ 793-796.]</p> <p>2. Same — Action foe Price — Defenses.</p> <p>When the contraetee has operated a mechanical plant long enough to test it, and has made specific demands, all of which have been complied with, and has finally expressed a willingness to settle the account of the contractor, provided the latter complies with a demand arising out of another transaction, with different parties, objections, urged on the trial of the suit for the price of the plant, that it had not been completed according to contract, are not entitled to favorable consideration.</p> <p>(Syllabus by the Court.)</p>