COMMERCIAL SCRAP MATERIALS CORP. v. LEVENSON

No. 21383.

120 So.2d 546 (1960)

COMMERCIAL SCRAP MATERIALS CORPORATION v. Norman LEVENSON, D/B/A Accurate Industries Company.

Court of Appeal of Louisiana, Orleans.

May 23, 1960.


Attorney(s) appearing for the Case

Edward J. Villere, New Orleans, for defendant-appellant.

Joseph Rosenberg, New Orleans, for plaintiff-appellee.


McBRIDE, Judge.

Defendant appeals from a judgment in plaintiff's favor for $374.50, representing the purchase price of six fire-damaged pumps which defendant purchased as junk metal and on an "as is" basis, at the rate of $5 cwt., and the defense is that upon delivery the pumps were minus certain parts, which charge is denied by plaintiff.

Defendant selected the pumps, marking them with chalk for identification, and these very pumps were delivered to and receipted...

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