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JONES v. DeLOACH

No. 12634.

317 So.2d 240 (1975)

Mrs. Ruby Alexander JONES, Plaintiff-Appellant, v. Mrs. Lucille Cox DeLOACH, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

July 1, 1975.

Attorney(s) appearing for the Case

James E. Franklin, Jr., Shreveport, for plaintiff-appellant.

Jackson B. Davis, Shreveport, for defendant-appellee.

Before HALL, DENNIS and MORRIS, JJ.

HALL, Judge.

Plaintiff, Ruby Alexander Jones, sued the defendant, Lucille Cox DeLoach, to rescind the sale of a residence sold by defendant to plaintiff by a credit sale deed.

The grounds asserted by plaintiff to set aside the sale can be summarized as follows:

(1) The contract contains an impossible condition and error as to a principal cause in that the monthly payment stipulated in the credit sale deed is not sufficient to pay interest on the balance...

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