FOGLEMAN v. ROY O. MARTIN INDUSTRIES

No. 83-149.

440 So.2d 954 (1983)

Thelma E. FOGLEMAN and Perry H. Fogleman, Plaintiffs-Appellees, v. ROY O. MARTIN INDUSTRIES, INC., and Louisiana-Pacific Corporation, Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied December 5, 1983.


Attorney(s) appearing for the Case

Gold, Little, Simon, Weems & Bruser, Dee D. Drell, Alexandria, for defendants-appellants.

Nelson M. Lee and Dan B. McKay, Bunkie, for plaintiffs-appellees.

Before DOMENGEAUX, GUIDRY and CUTRER, JJ.


DOMENGEAUX, Judge.

Mrs. Thelma E. Fogleman and Perry H. Fogleman sued Roy O. Martin Industries, Inc., and Louisiana-Pacific Corporation to rescind a timber sale alleging lesion beyond moiety. The trial court rendered judgment in favor of plaintiffs, which entitled them to the difference between the amount originally paid (the lesionary price) and the fair market value at the time of the contract. The defendant lumber companies have appealed.

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