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CIPRIANO v. SUPERIOR REALTY & CONSTRUCTION CORP.

No. 41959.

84 So.2d 822 (1955)

228 La. 1065

Frank J. CIPRIANO v. SUPERIOR REALTY & CONSTRUCTION CORPORATION and Clifford W. Sherman, Jr.

Supreme Court of Louisiana.

Rehearing Denied January 16, 1956.

Attorney(s) appearing for the Case

Bienvenu & Culver, Lenfant & Villere, New Orleans, P. A. Bienvenu, New Orleans, of counsel, for plaintiff-appellant.

Adams & Reese, New Orleans, W. Ford Reese, New Orleans, of counsel, for defendant Aetna Casualty & Surety Co.

Deutsh, Kerrigan & Stiles, New Orleans, Gerald J. Gallinghouse and Albert J. Flettrich, New Orleans, of counsel, for defendants-appellees.

HAWTHORNE, Justice.

Frank J. Cipriano instituted this suit to recover an in solido judgment against defendants, alleging that a house which he purchased from one of the defendants was partially destroyed by a fire which started in a wall heater and that the heater was either defective when installed or had been improperly installed. His main demand is for $8,592.48 for breach of warranty, which he itemizes as follows: $5,021.33 as a reduction in the purchase price...

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