Cited by
Opinions in Louisiana that cite Fitzmorris v. Kelly, 152 So. 2d 36.
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Kolwe v. Owens
357 So. 2d 1333
La. Ct. App. 4th Cir. 1978
*1334 , (1963), the Louisiana Supreme Court stated that the term "simple inspection" "relieves the buyer of examining the inner or hidden parts of the object of the sale for the purpose of ascertaining the existence of latent defects".
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Lier v. Hight
357 So. 2d 73
La. Ct. App. 1st Cir. 1978
The vendees’ , (1963), and the Court held the inspection required by C.C.
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Bermes v. Facell
328 So. 2d 722
La. Ct. App. 1st Cir. 1976
On this score, , (1963), reh.
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Sokol v. Bob McKinnon Chevrolet, Inc.
307 So. 2d 404
La. Ct. App. 4th Cir. 1975
NOTES [1] , ; Tucker v. Central Motors, 220 La.
- Pickerel v. Long 286 So. 2d 430 La. Ct. App. 2d Cir. 1973
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Lorio v. Kaizer
277 So. 2d 633
La. 1973
The Court of Appeal ended its opinion by suggesting the adoption of a new rule in cases such as this: “one who purchases a home in which there is some evidence of termite activity does so at his own risk.” 4 , 152 So.
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Conley v. Cupit
274 So. 2d 713
La. Ct. App. 1st Cir. 1973
In Fraser, this Court followed the rationale of Bonhagen v. Hooper, La.App., , , .
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Lorio v. Kaizer
259 So. 2d 95
La. Ct. App. 1st Cir. 1972
However, where the termite damage is partially observable by a simple inspection of the premises, , (1963), that the purchaser who nevertheless buys without further investigation waives his right to sue in quanti minoris.
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Eanes v. McKnight
251 So. 2d 491
La. Ct. App. 1st Cir. 1971
In so contending, , , and Bonhagen v. Hooper, La.App., 195 So.
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Hendricks v. Colonial Buick, Inc.
204 So. 2d 55
La. Ct. App. 1st Cir. 1967
Kelly v. Galilee Baptist Church, La.App., .
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Bonhagen v. Hooper
195 So. 2d 447
La. Ct. App. 4th Cir. 1967
art. 2521 , (1963), the the damage was discoverable, and hence the defect cannot be the basis for an action in quanti minoris.
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Thompson v. Klein
188 So. 2d 180
La. Ct. App. 1st Cir. 1966
In this court appellant contends: As shown by some of the allegations in the petition of the plaintiff husband against Safeway and, in any event, because of the certificate issued by Safeway and the facts here involved, , , it became plaintiffs’ duty to make further investigation and in the absence thereof there can be no recovery.
- Charter Co. v. Mercante 186 So. 2d 430 La. Ct. App. 1st Cir. 1966
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Williams v. Daste
181 So. 2d 247
La. Ct. App. 1st Cir. 1965
Tucker v. Central Motors, 220 La.
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Guillory v. Sarpy
177 So. 2d 403
La. Ct. App. 1st Cir. 1965
(1963), the Supreme Court discussed Article 2521: “Article 2521 of the Civil Code excludes, from the vices for which redhi-bition may be demanded, apparent defects ‘that is, such as the buyer might have discovered by simple inspection * * * ’.
- Brown v. Dauzat 157 So. 2d 570 La. Ct. App. 3d Cir. 1963
- Bowab v. St. Paul Fire and Marine Ins. Co. 152 So. 2d 66 La. Ct. App. 3d Cir. 1963