Joullian v. Scott
Joullian v. Scott
Opinion of the Court
In these consolidated cases plaintiffs sue to recover two months1 rental of two barges and a gasoline motor boat leased for that period to' defendant, who returned same to plaintiff long prior to the expiration of the lease on the ground that they were unfit for the purpose for which they were leased, namely, to trans
The appellant first complain that no evidence should have been received of the alleged false and fraudulent representation on the ground that such matter was. pleaded in supplemental answer and that thereby the substance of the defenses set up in the original answer had been essentially changed. The complaint had no merit for the reason that the supplemental answer merely sets forth with greater amplification and detail the defenses pleaded in the original' answer and in no manner materially changed them. The case of Jamison vs. Cullum & Co., 110 La., 781, is consequently without application.
On the merits defendant has proved that the draft o? the barges is too great when they are loaded with cargo to permit of their use for the purposes intended, and that during the thirty days in which defendant had possession of the gasoline boát it constantly broke down and ran aground and was successfully operated but upon two occasions. Plaintiffs contend that their representations referred to the draft of the vessels when “light,” that is not láden with cargo, but the defendant’s contention on this score is supported by the preponderance of the testimony as well as by the findings of the Judgé below,; who saw and heard the witnesses. Moreover it is more
The Court finds that the plaintiffs’ claim has not been established and that consequently they are not entitled to recover.
While defendant has asked that the judgment in reconvention be increased, he has not seriously pressed his demand for this relief either in argument or in brief and has failed to disclose wherein the judgment is faulty on this branch of the case.
The Court finds no error in the judgment and it is accordingly affirmed.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.