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duTREIL v. WOHLERT

No. 3007.

210 So.2d 511 (1968)

Abele N. duTREIL v. Mrs. Josephine Palmisano WOHLERT.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied June 10, 1968.

Attorney(s) appearing for the Case

Louis M. Jones, New Orleans, for plaintiff-appellant.

Mmahat, Gagliano & Duffy, Lucas J. Giordano, Metairie, for defendant-appellee.

Before REGAN, HALL and JOHNSON, JJ.

HALL, Judge.

This suit involves the alleged breach by defendant of a written contract whereby defendant agreed to sell to plaintiff a certain parcel of land situated in St. Charles Parish "free and clear of all liens, mortgages or other encumbrances." Plaintiff alleges that defendant failed to tender him a title free of encumbrances in that the property was incumbered by four gas pipeline servitudes belonging to United Gas Pipeline Company. Plaintiff demanded the...

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