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ALISON MTG. INV. TRUST v. BPB CONTRACTORS, INC.

No. 9356.

362 So.2d 1203 (1978)

ALISON MORTGAGE INVESTMENT TRUST v. BPB CONTRACTORS, INC.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied October 19, 1978.

Attorney(s) appearing for the Case

Gauche, Wegener & Oster, Edmund T. Wegener, Jr., New Orleans, for intervenor-appellant, D. H. Overmyer, Inc.

Chaffe, McCall, Phillips, Toler & Sarpy, Felix H. Lapeyre, New Orleans, for plaintiff-appellee, Alison Mortgage Investment Trust.

Before SAMUEL, SCHOTT and GARRISON, JJ.

GARRISON, Judge.

This case originated with the sale of immovable property located in Jefferson Parish, from D. H. Overmyer, Inc. to BPB Contractors, Inc., for the stated consideration of $5,200,000.00. The act of sale, duly recorded, took place on January 31, 1973, and contained the following recitation:

"This sale is made and accepted for and in consideration of the price and sum of Five Million, Two Hundred Thousand and No/100 ($5,200,000.00) Dollars Cash...

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