8610 Precedential Affirmed Processed

Kolwe v. Owens

Louisiana Court of Appeal, Fourth Circuit · Filed April 11, 1978 · 357 So. 2d 1333

Also decided on this docket: La. Ct. App. 1st Cir., March 10, 1982 411 So. 2d 1237; La. Ct. App. 1st Cir., December 20, 1971 256 So. 2d 294; La. Ct. App. 1st Cir., February 5, 1957 92 So. 2d 774; La., May 15, 1883 35 La. Ann. 629

Cited by

Stuck v. Long 909 So. 2d 686 La. Ct. App. 2d Cir. 2005
Bork v. Sells 420 So. 2d 1039 La. Ct. App. 1st Cir. 1982
Fowler v. Calamari 411 So. 2d 620 La. Ct. App. 1st Cir. 1982
Olmstead v. Perrio 401 So. 2d 595 La. Ct. App. 1st Cir. 1981

Authorities cited

Identified automatically; this list may not be exhaustive.

Fitzmorris v. Kelly 244 La. 323
Conley v. Cupit 274 So. 2d 713
Busenlener v. Peck 316 So. 2d 27

Opinion text

357 So.2d 1333 (1978) Frank Robert KOLWE, Sr. v. Marjorie Tastet OWENS. No. 8610. Court of Appeal of Louisiana, Fourth Circuit. April 11, 1978. Porteous, Toledano, Hainkel & Johnson, James L. Donovan, New Orleans, Paul M. Batiza, Thibodaux, for plaintiff-appellee. Hartman C. Daniel, Metairie, for defendant-appellant. Before GULOTTA, STOULIG and BOUTALL, JJ. GULOTTA, Judge. In awarding a reduction in the purchase price of a residence to the extent of $1,499.51 for rotten flooring beneath the bathroom of the house constructed on two-foot piers, the trial judge concluded that "the defective condition of the property involved was not subject to discovery by a simple inspection . . .." We affirm. LSA-C.C. art. 2521 provides: Art. 2521. Apparent defects discoverable by buyer "Art. 2521. Apparent defects, that is, such as the buyer might have discovered by simple inspection, are not among the number of redhibitory vices." *1334 In Pursell v. Kelly, 244 La. 323 , 152 So.2d 36, 41 (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". Plaintiff testified that he had examined the interior of the house on three occasions prior to the sale and had not noticed any defects or leaks. Evidence indicates that the defect was discernible only by crawling under the house and was not perceptible by inspection inside the premises. The rotten condition was first observed by a pest control man who was crawling under the house subsequent to the act of sale. Under these circumstances, the record supports the trial judge's conclusion and plaintiff is entitled to a reduction. See LSA-C.C. art. 2521, supra; Pursell v. Kelly, supra; Conley v. Cupit, 274 So.2d 713 (La. App. 4th Cir. 1973); Busenlener v. Peck, 316 So.2d 27 (La.App. 1st Cir. 1975). Quantum is not in issue. The judgment is affirmed. AFFIRMED.