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DEJEAN v. NOEL

No. 82-211.

421 So.2d 455 (1982)

Felix A. DEJEAN, III, Plaintiff-Defendant-in-Reconvention-Appellee, v. Elie NOEL, Defendant. Mary Dugas Miller, Individually and as Natural Tutrix of her Minor Children, Third Party Defendant & Third Party Plaintiff-Appellant.

Court of Appeal of Louisiana, Third Circuit.

October 13, 1982.

Attorney(s) appearing for the Case

Harold L. Savoie, Lafayette, for defendant.

Felix A. DeJean, III, Opelousas, pro se.

Olivier & Brinkhaus, Armand J. Brinkhaus, Sunset, for defendant-appellee.

Before FORET, CUTRER and STOKER, JJ.

STOKER, Judge.

This is a suit for rescission of a contract of sale between Bobby Miller and Felix A. DeJean, III. Appellant, Mary Dugas Miller, sues for the rescission as representative of Bobby Miller's children. The grounds are lesion beyond moiety, lack of consideration, and fraud. This action was originally an incidental demand, but was severed at the trial of the main demand and tried separately. The trial court rejected the demands of the appellant, and she...

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