HELWICK v. MONTGOMERY VENTURES LTD.

No. 95-CA-0765.

665 So.2d 1303 (1995)

Michael HELWICK, as Trustee of the Gertrude and Joseph Helwick Grandchildren's Trust, Michael L. Helwick, as Trustee for the Michael L. Helwick Children's Trust and Michael L. Helwick, as Trustee of the Stephen A. Helwick Children's Trust v. MONTGOMERY VENTURES LTD., L.C. Montgomery, Jr., and Hydrodyne Environmental, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied March 15, 1996.


Attorney(s) appearing for the Case

Demartini, LeBlanc, D'Aquila & Volk, Jerome M. Volk, Jr., Andrea M. Spencer, Kenner, for Plaintiffs/Appellants.

Carver, Darden, Koretzky, Tessier, Finn, Blossman & Areaux, William T. Finn, David L. Browne, New Orleans, for Defendants/Appellees.

Before SCHOTT, C.J., and PLOTKIN and MURRAY, JJ.


SCHOTT, Chief Judge.

This is a suit by purchasers against buyer for the rescission of the sale of immovable property or for a reduction of the purchase price because of defects which were undisclosed by the defendants. The trial court dismissed the suit on a motion for summary judgment and plaintiffs have appealed. The issue is whether there are issues of material fact which preclude a summary judgment enforcing a waiver against plaintiffs with respect to the defects...

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