ROTH v. B & L ENTERPRISES, INC.

No. 12326.

411 So.2d 627 (1982)

Wilbert L. ROTH v. B & L ENTERPRISES, INC., and F. Robert Porter.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Granted May 7, 1982.


Attorney(s) appearing for the Case

Garland R. Rolling, Metairie, for Wilbert L. Roth, plaintiff-appellant.

Gordon K. Konrad, Metairie, for B & L Enterprises, Inc. & F. Robert Porter, defendants-appellees.

Before BOUTALL, CHEHARDY and KLIEBERT, JJ.


BOUTALL, Judge.

A purchaser of real estate sues his vendor in warranty based upon an uncancelled lien outstanding against the property. Cancellation was to have been made by the notary public who passed the act of sale, but who instead absconded with the money to pay the lien. From a judgment dismissing his suit against the vendor, the purchaser appeals.

Most of the facts are not in contest. On January 6, 1977, the plaintiff, Wilbert B. Roth, signed an agreement...

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