No. 19800.

60 So.2d 723 (1952)

LANDRY et ux. v. A. & O. BUILDERS et al.

Court of Appeal of Louisiana. Orleans.

October 20, 1952.

Attorney(s) appearing for the Case

Harold J. Zeringer, Jr., New Orleans, and Lawrence L. Zeringer, New Orleans, for plaintiffs and appellants.

Willis C. McDonald and Patrick E. Carr, New Orleans, for defendants and appellees.

McBRIDE, Judge.

Plaintiff's suit by which they seek to recover from defendants damages resulting from the alleged defective installation by defendants of a hardwood floor in the home of plaintiffs, under a written contract between the parties, was dismissed on an exception of prescription of one year filed by the defendants to the action, and plaintiffs have appealed.

Defendants-appellees made no appearance before us, nor did they file brief.

The trial court erred in maintaining the exception. The action brought by plaintiffs is one for damages ex contractu, and it is therefore not prescribed in one year. See Transportation Equipment Co. v. Younger Bros., La.App., 34 So.2d 347 and Bandel v. Sabine Lumber Co., 194 La. 31, 193 So. 359, and the authorities therein cited.

Therefore the judgment appealed from is reversed, and it is now ordered that the exception of prescription of one year filed by the defendants be and the same is hereby overruled, and the matter is remanded to the court below for further proceedings in accordance with law. Defendants-appellees are to bear the cost of this appeal and all other costs are to await a final determination of the matter.

Reversed and remanded.


1000 Characters Remaining reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases