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BARTOLOTTA v. GAMBINO

No. 20408.

78 So.2d 208 (1955)

A. J. BARTOLOTTA v. Mike GAMBINO.

Court of Appeal of Louisiana, Orleans.

February 28, 1955.

Attorney(s) appearing for the Case

Henry L. Oulliber, Jr., Robert J. Pitard, M. F. Driscoll and James Flannagan, New Orleans, for plaintiff-appellant.

Harold L. Molaison and Robert I. Broussard, Gretna, for defendant-appellee.

McBRIDE, Judge.

Plaintiff seeks to recover $270.66 (plus interest and his attorneys' fee) allegedly the balance due on defendant's note for $406. The note is secured by chattel mortgage and was given in representation of the deferred portion of the purchase price of three air conditioning units. While the act of sale and chattel mortgage stipulates that the air conditioning units are "new and unused," the truth of the matter is that they were secondhand units.

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