CAPITAL BLDG. AND LOAN ASS'N v. NICHOLAS

No. 7358.

330 So.2d 364 (1976)

CAPITAL BUILDING AND LOAN ASSOCIATION v. H. T. NICHOLAS and Gordon J. Martin, Sheriff.

Court of Appeal of Louisiana, Fourth Circuit.

April 13, 1976.


Attorney(s) appearing for the Case

H. Book Hopkins, Leo Jerome Lahey, Gretna, for plaintiff-appellee.

Martin, Himel & Peytavin, Anthony J. Nobile, Lutcher, for H. T. Nicholas, defendant-appellant.

Before SAMUEL, LEMMON and STOULIG, JJ.


STOULIG, Judge.

Plaintiff, Capital Building and Loan Association, filed suit to annul the sale of a mobile home adjudicated to defendant H. T. Nicholas at a sheriff's sale by public auction in St. James Parish. Nicholas, the only bidder, gave a personal check for $105.42 for the sale price and plaintiff contends this did not meet the terms of the advertisement of "cash" payment. It maintains the acceptance of a check changed the transaction into a credit sale. Defendants...

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