Union Oil Mill Co. v. Kennedy

Citations

• 105 La. 738

Syllabus

<p>Syllabus.</p> <p>The suit was for damages. There was no stipulation in the contract regardinii tlie quality of the article of food for animals. In the previous years, it had given satisfaction. Plaintiff assumed that the quality would be as good as in previous years. It was not. Defendant did not timely complain.</p> <p>It was manifest that the food was not of a superior quality. One who receives an article of food and takes the chances that it will increase the weight of his cattle and improve them, has no ground of action after having met with disappointment, because he did not succeed in selling them for as much as he expected. After the feed and cattle have been disposed of, it is too late to urge complaint. Besides, defendant made partial payments that conclude him from claiming damages.</p>