YARBOROUGH v. LEWIS

No. 14240.

388 So.2d 474 (1980)

Donald L. YARBOROUGH, et ux., Plaintiffs-Appellants, v. Ann Powell LEWIS, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

August 18, 1980.


Attorney(s) appearing for the Case

Conway & Stratton by Robert W. Stratton, Baker, for plaintiffs-appellants.

Fish, Montgomery & Robinson by Roy Fish, Springhill, for defendant-appellee, Ann Powell Lewis.

Kitchens, Benton, Kitchens & Pearce by Paul Kitchens, Minden, for third party defendant-appellee, Gold Coin, Inc.

Bradley & Wall, Ltd. by William C. Bradley, Baker, for third party defendant-appellee, Norman E. Heine.

Before MARVIN, JASPER E. JONES and FRED W. JONES, Jr., JJ.


MARVIN, Judge.

In this redhibition action, the purchasers of a home appeal a judgment rejecting their demands against the seller for a reduction in price because of defective central heating and air conditioning.

This defect would be usually categorized as a latent one, which would give rise to redhibition, and the sale of this residence "as is" would not relieve the vendor of his implied warranty of fitness or of his express warranty made in an agreement...

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