Martin v. Bryan

Supreme Court of Louisiana

Martin v. Bryan

2 Rob. 138

DecidedApril 15, 1842

StatusPublished

This text of 2 Rob. 138 (Martin v. Bryan) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Martin v. Bryan, 2 Rob. 138 (La. 1842).

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Opinion

Morphy, J.

This suit is brought on an open account, the [139]*139principal item of which is for one thousand and seventy-one' boxes of lemons, sold to the defendants at two dollars and fifty cents per box. The defence set up is, that the purchase was made from a sample, and that upon examination the lemons were found to be unsound, unmerchantable, and not corresponding with the sample exhibited. There was a judgment below for the plaintiff..

This case turns upon a question of fact. After an examination of the record, we find nothing in it which should prevent us from adopting the conclusion to which the judge below arrived.

Judgment affirmed.

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Morphy, J.

This suit is brought on an open account, the [139]*139principal item of which is for one thousand and seventy-one' boxes of lemons, sold to the defendants at two dollars and fifty cents per box. The defence set up is, that the purchase was made from a sample, and that upon examination the lemons were found to be unsound, unmerchantable, and not corresponding with the sample exhibited. There was a judgment below for the plaintiff..

This case turns upon a question of fact. After an examination of the record, we find nothing in it which should prevent us from adopting the conclusion to which the judge below arrived.

Judgment affirmed.

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Bluebook (online)

2 Rob. 138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-bryan-la-1842.