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VALLERY v. BELGARD

No. 7328.

379 So.2d 1201 (1980)

Melvin D. VALLERY, Plaintiff-Appellant, v. Winston W. BELGARD, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

January 30, 1980.

Attorney(s) appearing for the Case

Pharis & Pharis, James A. Pharis, Alexandria, for plaintiff-appellant.

Hickman & Toups, John R. Hickman, Alexandria, for defendant-appellee.

Before GUIDRY, SWIFT and LABORDE, JJ.

GUIDRY, Judge.

Plaintiff-buyer, Melvin D. Vallery, and defendant-seller, Winston W. Belgard, executed a written contract to buy and sell certain immovable property. Plaintiff refused to complete the sale on the ground that defendant's title to the property involved was unmerchantable and demanded the return of his deposit in the amount of $3000.00. Asserting he held a merchantable title, defendant rejected plaintiff's demand and claimed plaintiff forfeited the deposit...

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