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AMEND v. McCABE

No. 94-332.

649 So.2d 1059 (1995)

Chester AMEND, et ux, Plaintiffs-Appellees, v. John McCABE, et ux, Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

Writ Granted March 30, 1995.

Attorney(s) appearing for the Case

Harry Brenner Sadler, for Chester Amend et ux.

Gregory R. Aymond, for John McCabe et ux.

Before THIBODEAUX, COOKS and SAUNDERS, JJ.

SAUNDERS, Judge.

The trial court awarded damages for breach of contract to attempted sellers of termite infested residential property, finding that the apparent damages from the infestation were not so significant as to vitiate the cause of the buy-sell agreement.

We reverse, as the purchasers could not be held accountable for the property's unapparent defects, and the sellers did not make the necessary repairs contemplated by the agreement.

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