KEMPFF v. MORGAN

No. 5505.

291 So.2d 520 (1974)

Ben J. KEMPFF and Mrs. Ben J. Kempff, his wife v. John MORGAN and Mary Morgan, his wife.

Court of Appeal of Louisiana, Fourth Circuit.

March 8, 1974.


Attorney(s) appearing for the Case

Joseph S. Russo, Jefferson, for plaintiffs-appellees.

Joseph K. Clay, Jefferson, for defendants-appellants.

Before LEMMON, BOUTALL and SCHOTT, JJ.


LEMMON, Judge.

Plaintiffs-buyers and defendants-sellers executed a written agreement to buy and sell certain immovable property. The buyers refused to complete the sale on the grounds that the sellers' title was not merchantable. The sellers then rejected the buyers' demand for the return of the deposit, and this litigation ensued.

After a trial on the merits, the trial court found the title unmerchantable and rendered...

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