TRESCH v. KILGORE

No. 2003 CA 0035.

868 So.2d 91 (2003)

Leisa S. TRESCH, Sidney Tresch, and James W. Shepard v. Dana Drago KILGORE, Kathleen T. Lavigne, and Gary Lavigne d/b/a Home Spec.

Court of Appeal of Louisiana, First Circuit.

November 7, 2003.


Attorney(s) appearing for the Case

Robert A. Barnett, New Orleans, Counsel for Plaintiffs Leisa S. & Sidney Tresch & James Shepard.

James B. Doyle, Lake Charles, Counsel for Defendants/Appellants Kathleen & Gary Lavigne d/b/a Home Spec.

Dana M. Douglas, New Orleans, Counsel for Defendant/Appellee Dana Drago Kilgore.

Before: PETTIGREW, DOWNING and McCLENDON, JJ.


DOWNING, J.

A home inspection company appeals a judgment denying its dilatory exception of prematurity based on the homebuyers' refusal to submit to arbitration before bringing this action. The issue on this appeal is whether a real estate agent's signature on a home inspection contract bound the buyer, on agency principles, to the terms of the written home inspection agreement. The trial court found that it did not. For the following reasons, we affirm the judgment...

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