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R & K BLUEBONNET, INC. v. PATOUT'S OF B. R.

No. CA 87 1233.

521 So.2d 634 (1988)

R AND K BLUEBONNET, INC., et al. v. PATOUT'S OF BATON ROUGE, INC.

Court of Appeal of Louisiana, First Circuit.

February 23, 1988.

Attorney(s) appearing for the Case

Ralph E. Hood, Baton Rouge, for plaintiffs-appellees R and K Bluebonnet, Inc., et al.

Porteus R. Burke, New Iberia, for defendant-appellant Patout's of Baton Rouge, Inc.

Before LOTTINGER, EDWARDS and ALFORD, JJ.

EDWARDS, Judge.

On February 28, 1985, James and Catherine Olinde and their partner, Ben Skillman, sold part of a ten acre tract to Anthony Diez on which he built a restaurant. Another section of the tract was used to build an Exxon station and the Olindes used the remaining four acres for their business, Ralph & Kacoo's Restaurant. The act of sale from the Olindes and Mr. Skillman to Mr. Diez contained the following provision: "[b]uyer agrees that the property...

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