10/12/1951

OF APPEAL (CIVIL, SUPERIOR)

BORG GORG, CAMILLERI LUIGI A., MONTANARO GAUCI A.J.

THOMAS COLGNHOUR vs ROBERT BUTLER

N/A

-

N/A

"ACTIO REDHIBITORIA" - ART. 1481 OF TEH CIVIL CODE - LATENT DEFECT

The "actio redhibitoria", in regard to movables, is barred by the laqse of onemonth as from the da of teh delivery of teh thing sold. But when it was not possible for the buyer to discover the latentdefect in the thing, the said period of limitations hall run only from the day on which it was pssible for him to discover such defect. In this case, teh Appellat Court disagreed witht eh Court of First Instance as tot eh time when it was possible for plaintiff to detect the latent deject ina carhe had purcahsed from defendant, and reversed teh judgment of the First Court accordingly.