FOURNET, Chief Justice.
The plaintiff, Daniel A. Madere, instituted this suit to have annulled the sale to him by the defendant, Wiley H. Sharp, on May 6, 1953, of the 40-foot cabin cruiser Melanie on the ground that it was not seaworthy, as warranted, but, instead, so badly rotted throughout its structural members and supports it can be operated safely only if almost completely rebuilt; and from a judgment annulling the sale, cancelling the promissory note of $4...
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