No. 2983 Precedential Processed

Thompson v. Warmack

Louisiana Court of Appeal, First Circuit · Filed February 11, 1970 · 231 So. 2d 640

Also decided on this docket: La. Ct. App. 1st Cir., June 28, 1927 6 La. App. 669; La. Ct. App. 4th Cir., May 6, 1968 210 So. 2d 566

Cited by

Alexander v. Lee 612 So. 2d 1024 La. Ct. App. 2d Cir. 1993
Touro Infirmary v. Johnson 377 So. 2d 898 La. Ct. App. 4th Cir. 1980
Parker v. South Louisiana Contractors, Inc. 340 So. 2d 322 La. Ct. App. 1st Cir. 1976
Jefferson Parish School Bd. v. Rowley Company, Inc. 305 So. 2d 658 La. Ct. App. 4th Cir. 1974
National Gyp. Co. v. ADMINISTRATOR, LA. DEPT. OF EMP. SEC. 300 So. 2d 527 La. Ct. App. 4th Cir. 1974
National Gypsum Co. v. Administrator, Louisiana Department of Employment Security 300 So. 2d 527 La. Ct. App. 1st Cir. 1974
Garrett v. Audirsch 290 So. 2d 399 La. Ct. App. 1st Cir. 1974
Baker v. Fireman's Fund Insurance Co. 290 So. 2d 404 La. Ct. App. 1st Cir. 1974
Chisholm v. Stevens 233 So. 2d 561 La. 1970
Thompson v. Warmack 231 So. 2d 636 La. Ct. App. 3d Cir. 1970

Authorities cited

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Thompson v. Warmack 231 So. 2d 636

Opinion text

TATE, Judge. The plaintiff purchaser sues the defendant seller for damages. The claim is based upon alleged redhibitory defects in a vehicle sold; also upon an alleged wrongful retention of possession and seizure, resulting from the seller’s assertion of a privilege for the repairing of the defects. The plaintiff appeals from the dismissal of his suit. We have discussed all issues of this litigation in our disposition this day of a companion appeal arising out of the same transaction. 231 So.2d 636 . With regard to the merits, we there concluded that the repaired defects were not of a redhibitory nature existing at the time of the sale, and that the seller was entitled (because of his privilege for making the repairs) to retain possession of the repaired vehicle until paid. Accordingly, for the reasons more fully discussed in the companion decision, we affirm the dismissal of this suit by the District Court. The plaintiff-appellant is to pay all costs. Affirmed. On Application for Rehearing. En Banc. Rehearing denied.