Cited by
Opinions in Louisiana that cite McEachern v. Plauche Lumber & Construction Co., 57 So. 2d 405.
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Guillory v. Hebert
31 So. 3d 1097
La. Ct. App. 1st Cir. 2010
Consequently, the Louisiana Supreme Court has held that in such a case, the allowable diminution is ‘the amount necessary to convert the unsound structure into a sound one,’ (McEachern v. Plauche Lumber & Construction Co., Inc., , ) or, ‘the cost of repairs necessary to make the thing whole’ (Wilfamco, Inc. v. Interstate Electric Co., 221 La.
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Connell v. Davis
940 So. 2d 195
La. Ct. App. 5th Cir. 2006
McEachern v. Plauche Lumber & Construction Co., Inc., , (1952) ) or, as otherwise expressed, `the cost of repairs necessary to make the thing whole.'
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Amend v. McCabe
664 So. 2d 1183
La. 1995
Civ.Code 2503; McEachern v. Plauche Lumber & Construction Co., , (1952); Primeaux v. Bennett Homes, Inc., (La.App.
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Truelove v. Easley
521 So. 2d 1229
La. Ct. App. 3d Cir. 1988
760 , , citing McEachern v. Plauche Lumber & Construction Co., Inc., , and Wilfamco, Inc. v. Interstate Electric Co., 221 La.
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Smith v. Ly
498 So. 2d 128
La. Ct. App. 5th Cir. 1986
McEachern v. Plauche Lumber & Construction Co., , "
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Verbick v. RGC Investments, Inc.
477 So. 2d 858
La. Ct. App. 5th Cir. 1985
As a consequence this court has declared that in such a case the allowable dimunition is "the amount necessary to convert the unsound structure into a sound one" (McEachern v. Plauche Lumber & Construction Co., Inc., , ) or, as otherwise expressed, "the cost of repairs necessary to make the thing whole" (Wilfamco, Inc. v. Interstate Electric Co., 221 La.
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McKneely v. Don Coleman Const. Co., Inc.
441 So. 2d 497
La. Ct. App. 2d Cir. 1983
DeSoto, supra; McEachern v. Plauche Lumber & Construction Co., , (1952).
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Landry v. Baton Rouge Lumber Co.
434 So. 2d 1144
La. Ct. App. 1st Cir. 1983
McEachern v. Plauche Lumber & Construction Co.
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D'ANGELO v. Poche
434 So. 2d 120
La. Ct. App. 5th Cir. 1983
760 , and McEachern v. Plauche Lumber & Construction Co., , (La.
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Bustamante v. Manale
397 So. 2d 842
La. Ct. App. 4th Cir. 1981
760 , , citing McEachern v. Plauche Lumber & Construction Co., Inc., , and Wilfamco, Inc. v. Interstate Electric Co., 221 La.
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DeSoto v. Ellis
393 So. 2d 847
La. Ct. App. 2d Cir. 1981
See McEachern v. Plauche Lumber & Construction Co., , (1952); Breaux v. Laird, 230 La.
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Verlander v. Hoffer
351 So. 2d 229
La. Ct. App. 4th Cir. 1978
As a consequence, this Court has declared that in such a case the allowable diminution is `the amount necessary to convert the unsound structure into a sound one' ( McEachern v. Plauche Lumber & Construction Co., Inc., , ) or, as otherwise expressed, `the cost of repairs necessary to make the thing whole' ( Wilfamco, Inc. v. Interstate Electric Company, 221 La.
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Overruled
Peltier v. Seabird Industries, Inc.
309 So. 2d 343
La. 1975
(1952) stated that the vendor and the manufacturer were not liable in solido under a claim for redhibition, that holding no longer has validity.
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Media Production Consultants, Inc. v. Mercedes-Benz of North America, Inc.
262 So. 2d 377
La. 1972
This court recognized its applicability in dicta in McEachern v. Plauche Lumber & Construction Co., Inc., , .
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Hoggatt v. Halcomb
250 So. 2d 471
La. Ct. App. 2d Cir. 1971
The later case of McEachern v. Plauche Lumber & Construction Co., , [1952], cited by appellee as reaching a contrary result to the cases just cited is not inconsistent in our understanding.
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Gabriel v. Jeansonne
162 So. 2d 798
La. Ct. App. 4th Cir. 1964
402 ; McEachern v. Plauche Lumber & Construction Co., , ; Bozeman v. McDonald, La.App., ; Mattes v. Heintz, La.App., ; .
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Brown v. Dauzat
157 So. 2d 570
La. Ct. App. 3d Cir. 1963
142 , ; McEachern v. Plauche Lumber & Construction Co., , ; Johnson v. Hunter, La.App.
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Fitzmorris v. Kelly
152 So. 2d 36
La. 1963
It was because of the foregoing holding of the Court of Appeal, which appears to be contrary to the law of this State placing on the vendor the obligation of warranting the thing sold against hidden defects or its redhibitory vices (see Articles 2475, 2476 of the Civil Code and McEachern v. Plauche Lumber & Construction Co., Inc., , ) that we granted this writ of certiorari on plaintiffs’ application.
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Stack v. Irwin
144 So. 2d 648
La. Ct. App. 1st Cir. 1962
1065 , ; McEachern v. Plauche Lumber & Construction Co., , .
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Pursell v. Kelly
139 So. 2d 12
La. Ct. App. 4th Cir. 1962
733 , ; McEachern v. Plauche Lumber & Construction Co., Inc., , ; DeArmas v. Gray, 10 La.
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Delta Equipment & Construction Co. v. Cook
142 So. 2d 427
La. Ct. App. 1st Cir. 1962
As a consequence this court has declared that in such a case the allowable diminution is `the amount necessary to convert the unsound structure into a sound one' (McEachern v. Plauche Lumber & Construction Co., Inc., , ) or, as otherwise expressed, `the cost of repairs necessary to make the thing whole' (Wilfamco, Inc. v. Interstate Electric Co., 221 La.
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Hermeling v. Whitmore
140 So. 2d 257
La. Ct. App. 1st Cir. 1961
But on an exception of no cause or right of action filed by Schmieder, the district court, following the ruling in McEachern v. Plauche Lumber & Construction Company, , , dismissed this third party petition against Schmieder.
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Lemonier v. Coco
130 So. 2d 414
La. Ct. App. 1st Cir. 1961
As a consequence this court has declared that in such a case the allowable diminution is ‘the amount necessary to convert the unsound structure into a sound one’ (McEachern v. Plauche Lumber & Construction Co., Inc., , ) or, as otherwise expressed, ‘the cost of repairs necessary to make the thing whole’ (Wilfamco, Inc. v. Interstate Electric Co., 221 La.
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Russell v. Bartlett
139 So. 2d 770
La. Ct. App. 4th Cir. 1961
art. 2503 appears in that portion of the Code dealing with the seller's warranty of eviction, the argument that its terms are applicable solely to the warranty of eviction is utterly without force in view of the decision of the Supreme Court in the case of McEachern v. Plauche Lumber & Construction Co., Inc., , , holding that the subrogation of warranty clause extends as well to the warranty against redhibitory vices.
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Lemonier v. Coco
112 So. 2d 436
La. 1959
As a consequence this court has declared that in such a case the allowable diminution is “the amount necessary to convert the unsound structure into a sound one” (McEachern v. Plauche Lumber & Construction Co., Inc., , ) or, as otherwise expressed, “the cost of repairs necessary to make the thing whole” (Wilfamco, Inc. v. Interstate Electric Co., 221 La.
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Bonacorso v. Turnley
98 So. 2d 295
La. Ct. App. 1st Cir. 1957
McEachern v. Plauche Lumber & Construction Co., , , cited by defendant, is only authority for a holding that a purchaser cannot assert simultaneously his actions of warranty against both his vendor and the latter's transferor.
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Madere v. Sharp
89 So. 2d 214
La. 1956
& Const. Co., , ; the suit was for a diminution of the purchase price in Pappas v. Roberts, La.App., ; Bozeman v. McDonald, La.App., ; and Bulkley v. Honold, 19 How.
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Mattes v. Heintz
69 So. 2d 924
La. Ct. App. 1st Cir. 1954
See also McEachern v. Plauche Lumber & Construction Co., , .
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Di Pietro v. Le Blanc
68 So. 2d 156
La. Ct. App. 1st Cir. 1953
The Court cites Bozeman v. McDonald, La.App., , and McEachern v. Plauche Lumber & Construction Co., , , and held that since the vice and defect complained of was in a house four or five years old, there was no evidence in the case to show that the leak in the roof was caused by the absence of felt lining.