ALLIGOOD v. CASHIO

No. 10457.

377 So.2d 867 (1979)

Nancy Bigger, wife of/and Gene R. ALLIGOOD, et al. v. Lynne Cappel, wife of/and Samuel M. CASHIO, Jr.

Court of Appeal of Louisiana, Fourth Circuit.

November 8, 1979.


Attorney(s) appearing for the Case

Steven K. Faulkner, Jr., Morphy, Faulkner, Simpson & DiMaria, Metairie, for plaintiffs.

S. Michael Cashio, Kenner, for self and Lynne Cappel Cashio.

Daniel A. Post, Post, Reinhardt & Rougelot, Metairie, for intervenor Gertrude Gardner, Inc.

Before REDMANN, LEMMON and BOUTALL, JJ.


REDMANN, Judge.

After agreeing to sell their home by allowing the purchasers to assume the existing mortgage, defendant vendors refused to sign the notarial act of sale with assumption which the mortgagee's notary prepared and which recited that vendors (as well as purchasers) agreed that the mortgage interest rate should be increased by one half percent. The purchasers and their real estate agent and the vendors' real estate agent now appeal from the dismissal of...

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