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DIXIE BUILDING MATERIALS CO., INC. v. BOB L. WHITTINGTON & ASSOCIATES, INC.

No. 91-C-1676.

588 So.2d 78 (1991)

DIXIE BUILDING MATERIALS CO., INC. v. BOB L. WHITTINGTON & ASSOCIATES, INC. and Kenneth M. Prieur.

Supreme Court of Louisiana.

October 18, 1991.

PER CURIAM.

Prieur's reconventional demand was based on the defectiveness of the concrete. His claim was prescribed by the one-year prescriptive period. Prieur's reconventional demand was not filed within 90 days of service of the main demand under La.Code Civ.P. art. 1067. However, La.Code Civ.P. art. 424 allows a prescribed obligation to be used as a defense if it is incidental to, or connected with, the obligation sought to be enforced by the plaintiff. Plaintiff...

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