Fisk v. Proctor
Cases that cite this one
2 later published cases cite this decision.
- Southern Coal Co. v. Hercules Co. (La. Ct. App. 1925)
- George v. Shreveport Cotton Oil Co. (La. 1905)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The judgment of the court (Rost, J. absent,) was pronounced by
The plaintiff claims in this action damages, on the ground that a slave sold to him by the defendant was an habitual runaway. There is no allegation or proof of a tendor of the slave previous to* the commencement of the suit, and on this ground a judgment, as in case of non-suit, was rendered in the lower court, from which the plaintiff has appealed'.
He contends that this, being a suit for damages, it is not subject to the rules which govern redhibitory actions. In the case of Richardson v. Johnson, 2 An. Rep. 389, we hold that compensation for injuries sustained by the- purchaser, in consequence of defects in the thing sold, can only be recovered in a redhibitory action, or an action quanti minoris, and that the forms of those actions must in such cases be complied with. Those forms have not been observed in the present instance. Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.