BIELAWSKI v. LANDRY

No. 11690.

397 So.2d 861 (1981)

Alice Miller, wife of/and Zigmund BIELAWSKI v. Alvin LANDRY, Jr.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied May 18, 1981.


Attorney(s) appearing for the Case

Charles E. McHale, Jr., New Orleans, for plaintiffs-appellants.

Constant G. Marquer, Jr., New Orleans, for defendant-appellee.

Before GULOTTA, BOUTALL and HUGHES, JJ.


HUGHES, Judge.

This is an action for specific performance of an agreement to buy and sell immovable property. The trial court refused to grant specific performance and plaintiff appealed. We affirm. The litigation brings us into confrontation with the issue of whether a waiver of warranty of title sufficiently protects a seller from recourse, specifically the right of return of the purchase price from the purchaser where the purchaser is aware of a defective title...

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