CASH v. HIGHT

No. 8909.

357 So.2d 73 (1978)

Maureen Lier, wife of/and Anthony Joseph CASH v. Carol W. HIGHT.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 11, 1978.

Writ Refused June 2, 1978.


Attorney(s) appearing for the Case

Pitard, Pitard & Porobil, Gregory M. Porobil, New Orleans, for plaintiffs-appellees.

George P. Vedros, Gretna, for defendantappellant.

Before STOULIG, BEER and GAUDIN, JJ.


STOULIG, Judge.

Defendant, Carol W. Hight, has appealed the judgment awarding plaintiffs, Maureen and Anthony Cash, $937 for termite damage in the garage of the residence they purchased from defendants on June 15, 1976. Appellant seeks a reversal, asserting plaintiffs failed to prove their case. We agree and reverse.

This is an action in quanti minoris (C.C. art. 2541), which is subject to the same rules and limitations as a redhibitory action (C.C. arts....

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