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CADLE v. McNEMAR CONST. CO., INC., EAST GLENHAVEN, INC.

No. 9514.

281 So.2d 834 (1973)

John W. CADLE et ux., Plaintiff, v. McNEMAR CONSTRUCTION COMPANY, INC. EAST GLENHAVEN, INC., Third-Party Defendant, Third-Party Plaintiff-Appellant, BARBER BROTHERS CONTRACTING CO., INC., Third-Party Defendant-Appellee.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied August 23, 1973.

Attorney(s) appearing for the Case

Peter Dazzio, Watson, Blanche, Wilson & Posner, Baton Rouge, for East Glenhaven, Inc.

Lawrence A. Durant, Mengis, Durant & Carpenter, Baton Rouge, for Barber Brothers Const. Co., Inc.

Sanders Cazedessus, Baton Rouge, for McNemar Const. Co.

Gerald L. Walter, Jr., Baton Rouge, for Edward E. Evans & Associates.

Tom F. Phillips, Baton Rouge, for Cadle.

Joseph Keogh and Chas. Malone, Baton Rouge, for City of Baton Rouge and Parish of East Baton Rouge.

Before LANDRY, SARTAIN and WATSON, JJ.

SARTAIN, Judge.

In this suit John W. Cadle and his wife seek recovery for alleged redhibitory defects in a house purchased by them from McNemar Construction Co., Inc. (McNemar) by act of sale dated July 30, 1969. The house is located on Lot 917, Sherwood Forest Subdivision, Ninth Filing, Section Two. The defects allegedly arose from the construction of the house on top of a slough or drainage ditch which had been filled with organic or compactible material. McNemar...

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