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MORGAVI v. MUMME

No. 4567.

254 So.2d 278 (1971)

Gaetano A. MORGAVI, Jr. v. Fabian S. MUMME et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied October 6, 1971.

Writ Granted December 2, 1971.

Attorney(s) appearing for the Case

Deutsch, Kerrigan & Stiles, Robert L. Redfearn, New Orleans, for plaintiff-appellant.

Gauche, Wegener & Oster, Robert J. Oster, New Orleans, for defendant-appellee.

Before REDMANN, GULOTTA and BOUTALL, JJ.

GULOTTA, Judge.

This action was brought by plaintiff-appellant, Gaetano A. Morgavi, Jr.,1 a prospective purchaser of real property to recover his deposit of $2,100 and in addition thereto damages from the vendor, defendant-appellee. The basis of plaintiff's claim is that the title to the property is not merchantable for the reasons that: (1) the improvements on the property violate the Zoning Ordinance of the City of New Orleans,

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