GUTHRIE v. RUDY BROWN BUILDERS, INC.

Nos. 5-33, 5-34.

416 So.2d 590 (1982)

Mrs. Sharon Riedlinger, Wife of/and Joseph M. GUTHRIE, Jr. v. RUDY BROWN BUILDERS, INC., Don Garland and Mr. and Mrs. Ralph Ragusa.

Court of Appeal of Louisiana, Fifth Circuit.

June 8, 1982.


Attorney(s) appearing for the Case

McCann, McCann, Schroeder & Mirabile, James A. McCann, New Orleans, for plaintiff, appellant & appellee.

Taylor, Raggio & Sutherland, John H. Taylor, Baton Rouge, for defendant, appellee & appellant.

Amato & Creely, Terrence J. Lestelle, Gretna, for defendant & appellee.

Before BOUTALL, DUFRESNE and GRISBAUM, JJ.


GRISBAUM, Judge.

This case is concerned with the issues of damages for mental anguish and attorney's fees in an action styled as redhibition or "quanti minoris" involving a surveying error on the part of a builder-vendor's surveyor. The survey did not note the improper placement of a house in violation of parish ordinances and the subdivision's restrictive covenants. Relying on the erroneous survey, one home owner built a fence on his neighbor's property.

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