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MITCHELL v. POPIWCHAK

No. 95-CA-1423.

677 So.2d 1050 (1996)

William Michael MITCHELL, Husband of Mary Nobles Mitchell v. Nicholas J. POPIWCHAK Husband of, and Mary Elizabeth McDonald Popiwchak, Al Claude, III, Individually and as Agent for Century 21/TLC, Karen N. Philippi, Individually and as Agent for First Southwestern Title Company of Louisiana, Inc. and MNJ Pest Control Company.

Court of Appeal of Louisiana, Fourth Circuit.

June 26, 1996.

Attorney(s) appearing for the Case

Guste, Barnett & Shushan, Robert A. Barnett, New Orleans, for Plaintiffs-Appellants Mitchell.

Charles W. Nelson, Jr., New Orleans, for Defendant-Appellant Popiwchak.

Dysart, Sanborn & Tabary, Paul A. Tabary, III, Chalmette, for Defendants-Appellees Al Claude, III, Century 21, TLC Inc., and Acceleration National Insurance Company.

Before BARRY, KLEES and WALTZER, JJ.

BARRY, Judge.

The trial court ordered rescission of the sale of a house due to redhibitory defects. Plaintiffs' request for damages and expenses was denied. The vendor and the vendees appeal. The issues are whether redhibition applies, if the purchasers waived their right to redhibition, and reimbursement for repairs and attorney fees.

Facts

Defendant Popiwchak owned an "`A' frame" house on Lake Catherine built on leased land. In 1988 Popiwchak...

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