ARCENEAUX v. COURTNEY

No. 83 CA 0472.

448 So.2d 197 (1984)

Thomas ARCENEAUX, et al. v. Herbert COURTNEY, et al.

Court of Appeal of Louisiana, First Circuit.

April 3, 1984.


Attorney(s) appearing for the Case

Ernest M. Forbes, Baton Rouge, for plaintiffs-appellants Thomas Arceneaux and Mary Arceneaux.

William E. Hodgkins, Baton Rouge, for defendants-appellees Herbert Courtney and Vera Courtney.

Before PONDER, WATKINS and CARTER, JJ.


CARTER, Judge.

Plaintiffs appeal the judgment of the trial court dismissing a portion of their suit on an exception of prescription.

On March 17, 1978, Thomas and Mary Arceneaux entered into a purchase agreement for a house with Herbert and Vera Courtney. The purchase agreement provided as follows:

"Owner to furnish termite certificate by bonded firm. If termite damage or infestation exists, owner shall have privilege of repairing same at his expense...

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