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STACK v. IRWIN

No. 1175.

158 So.2d 853 (1963)

Leo STACK v. Mr. and Mrs. T. C. IRWIN and Mrs. Gertrude Gardner, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 6, 1964.

Writ Granted February 14, 1964.

Attorney(s) appearing for the Case

Lenfant & Villere, Howard W. Lenfant, New Orleans, for plaintiff and appellant.

Ivy A. Smith, Jr., Dom C. Grieshaber, Charles E. Cabibi, New Orleans, for defendants and appellees.

Before REGAN, SAMUEL and TURNER, JJ.

REGAN, Judge.

Plaintiff, Leo Stack, instituted this suit to rescind an agreement to purchase the residence of the defendants, Mr. and Mrs. T. C. Irwin, asserting that the structure contained numerous redhibitory vices. The most serious defect complained of was a crack in the terrazzo floor in the living room which extended into the concrete slab foundation. On the initial trial hereof, the judge concluded that the crack did not affect the structural soundness of the...

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