HOGGATT v. HALCOMB

No. 11641.

250 So.2d 471 (1971)

Wilton E. HOGGATT et al. (Roy S. Halcomb, Plaintiff in Third Party Action and Appellant), v. Roy S. HALCOMB (Dr. R. U. Fairbanks, Defendant in Third Party Action and Appellee).

Court of Appeal of Louisiana, Second Circuit.

June 22, 1971.


Attorney(s) appearing for the Case

Halcomb & Cole, by Roy S. Halcomb, Ferriday, for defendant-third party plaintiff-appellant.

John Barkley Knight, Jr., Winnsboro, for plaintiff-appellee.

R. R. Reeves, Jr., Harrisonburg, for third party defendant, Dr. R. U. Fairbanks.

Before AYRES, PRICE, and HEARD, JJ.


PRICE, Judge.

This appeal is taken from a judgment by the district court sustaining a peremptory exception of no cause or right of action. This decision in favor of a third party defendant was based upon the court's opinion that a call in warranty cannot go indiscriminately against any prior vendor in the chain of title, as it is a personal action which will lie only against the vendee's immediate vendor with whom he has...

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