YEARGAIN v. BLUM

No. 618.

144 So.2d 756 (1962)

Robert S. YEARGAIN v. Joseph L. BLUM, Jr.

Court of Appeal of Louisiana, Fourth Circuit.

September 17, 1962.


Attorney(s) appearing for the Case

Joseph A. Watters, for plaintiff-appellant.

A. W. Wambsgans, New Orleans, for defendant-appellee.

Before TATE, THOMPSON and BAILES, JJ.


TATE, Judge.

The plaintiff Yeargain appeals from the dismissal of his suit upon a plea of prescription. At issue is whether (as the defendant-appellee contends) the timeliness of this suit is governed by the one-year prescription provided for redhibitory actions, LSA-C.C. Art. 2534, rather than (as the plaintiff-appellant argues) by the ten-year prescription applicable to actions for breach of contract, LSA-C.C. Art. 3544.

Yeargain herein seeks the return...

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