LEWIS v. GARY

No. 83 CA 267.

439 So.2d 1236 (1983)

Kelly S. LEWIS v. Joyce S. GARY.

Court of Appeal of Louisiana, Fifth Circuit.

October 12, 1983.


Attorney(s) appearing for the Case

Robert A. Caplan and Pete Lewis, Lewis & Caplan, New Orleans, for plaintiff-appellee.

Carl W. Cleveland, Barbara Treuting Casteix, Carl W. Cleveland & Associates, New Orleans, for defendant-appellant.

Before CHEHARDY, KLIEBERT and CURRAULT, JJ.


KLIEBERT, Judge.

The defendant, Joyce Gary, the buyer, brings this suspensive appeal from a judgment awarding to the plaintiff, Kelly Lewis, the seller, liquidated damages of $11,400.00 (10% of the purchase price) plus attorney fees of $3,472.50, for breach of an agreement, entered into on July 15, 1980, for the purchase of a house located in Slidell, La. At the time the agreement was executed, the buyer was voluntarily separated from her husband. On appeal, the buyer...

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